CIVIL PETITION NO.3846, 3866 & 3976 OF 2019   
 
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IN THE SUPREME COURT OF PAKISTAN  
(Appellate Jurisdiction) 
 
 
PRESENT:  
MR. JUSTICE MUSHIR ALAM 
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
MR. JUSTICE AMIN-UD-DIN KHAN 
 
CIVIL PETITION NO.3846, 3866 & 3976 
OF 2019  
(Against the order dated 16.10.2019 passed by 
High Court of Sindh at Sukkur, in C.P. Nos.D-765 
and D-764/2019) 
 
Nazir Ahmed Shaikh 
(C.P. No.3846/2019)   
Ghulam Mustafa Hulio 
(C.P. No.3866/2019)   
Haji Ghano Khan Jatoi 
(in C.P. No.3976/2019) 
  
…Petitioner(s) 
 
 
                                        VERSUS 
 
National Accountability Bureau, Islamabad & others 
(C.P. No.3846/2019 & 3866/2019)   
  
Federation of Pakistan through National 
Accountability Bureau, Sukkur Sindh 
(in C.P. No.3976/2019)   
 
 
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Shahab Sarki, ASC 
Mr. M.S. Khattak, AOR 
(in C.P. No.3846/2019) 
 
Mr. M. Ikram Ch., ASC 
Syed Rifaqat Hussain Shah, AOR 
(in C.P. No.3866/2019) 
 
Syed Iftikhar Hussain Gillani, Sr. ASC 
Mr. M. Sharif Janjua, AOR 
(in C.P. No.3976/2019) 
 
 
 
 
For the NAB: 
Syed Nayyar Abbas Rizvi, Addl. PG NAB. 
 
 
Date of Hearing: 
17.12.2019 
 
 
CIVIL PETITION NO.3846, 3866 & 3976 OF 2019   
 
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O R D E R 
 
 
QAZI MUHAMMAD AMIN AHMED, J. Declined concessions 
by the High Court of Sindh vide impugned order dated 16.10.2019, 
Nazir Ahmad Sheikh, Ex-Taluka Nazim Larkana, through Criminal 
Petition No.3846 of 2019 alongside Ghulam Mustafa Hulio, 
Accounts Officer, through Criminal Petition No.3866 of 2019, 
apprehending arrest, seek bail in anticipation thereto whereas Haji 
Ghano Khan Jatoi, behind bars, through Criminal Petition 
No.3976 of 2019, has prayed for admission to post arrest bail; they 
are accused, arrayed alongside others in NAB Reference No.4 of 
2019. With a common backdrop, the petitions are being decided 
through this single order.  
2. 
 
Accusation against the petitioners is structured upon 
a controversy that primarily revolves around a piece of land with a 
superstructure, located in the heart of Larkana City; identified vide 
City Survey No.1507/5 A.B.C.D., measuring 1477.7 Sq. Yards. It is 
admitted at all hands that the land was granted, on lease by the 
Municipal Committee Larkana, way back in the year 1935 to one 
Thakur Das who established a cinema thereon under the name 
and style of Royal Cinema. In the wake of partition, Thakur Das 
migrated to India in the year 1955, consequent whereupon the 
property was treated as Evacuee Property, subsequently allotted to 
one K.S. Naji, under Settlement Scheme. The Municipal Committee 
asserted claim over the property, decided in its favour on 7.4.1981 
in C.P. No.13/1970, however, the superstructure was ordered to 
remain with the Evacuee Department, leased it out to K.S. Naji 
who sold out his lease rights to Haji Ghano Khan Jatoi. Larkana 
Municipal Committee passed a resolution for extension of lease in 
the year 1993, a motion subsequently withdrawn, whereupon Haji 
Ghano Khan petitioner moved the High Court of Sindh; vide 
judgment dated 11.5.1999, the Municipal Committee was directed 
to consider the matter afresh; it is in continuation thereof that a 
meeting was convened on 10.12.2001 to carry out resolution for 
grant of lease for a period of 99 years on a rent of Rs.1020 per sq. 
yards; resolution had been forwarded to the Secretary Local 
CIVIL PETITION NO.3846, 3866 & 3976 OF 2019   
 
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Government, Rural Development, Public Health Engineering & 
Kachi Abadis Department, Government of Sindh for approval; the 
issue is pending till date. It is in this background that the 
petitioners were taken to the task for attempting to dole out in 
perpetuity valuable property of the local council at a ridiculously 
low rate. It is alleged that the accused massively benefited from the 
foul play, however, it is a common ground too that property in 
question still vests in the local council.  
3. 
 
It is argued on behalf of Nazir Ahmed Sheikh and 
Ghulam Mustafa Hulio that the superstructure was under Haji 
Ghano Khan Jatoi’s occupation prior to their holding the helm and 
it was in pursuance to a direction issued by no other than the High 
Court of Sindh that the house carried a resolution in exercise of 
authority vested in it under the law, subsequently transmitted for 
approval to the competent authority and as such they cannot be 
saddled with any criminality of the transaction in the absence of 
positive proof to the contrary, therefore, their remission into 
custody would not only be abuse of process of law but would 
irreparably tarnish their reputation as well. Haji Ghano Khan Jatoi 
has also pleaded a valid transaction. The learned Law Officer has 
faithfully defended the reference by arguing that notwithstanding 
elected/official positions and an earlier lease, the petitioners 
effectively attempted to deprive the local body of a most valuable 
piece of land by dishonestly misinterpreting a judicial verdict and 
as such are not entitled to be released on bail.  
4. 
 
Heard. Record perused. 
5. 
 
Reference 
contains 
different 
allegations 
against 
accused, eight in number, however, the present petitioners are 
being blamed for designs on a solitary piece of land, lease whereof 
was recommended by a resolution carried by the house, albeit with 
some dissensions, in compliance with a direction issued by the 
High Court. Plan though possibly woven with sinister motives, as 
suggested by the learned Law Officer, nonetheless, can neither be 
viewed as a one man show nor was admittedly viewed as 
misconduct by the competent authority inasmuch as the 
remainder signatories have not been taken on board; it has yet to 
CIVIL PETITION NO.3846, 3866 & 3976 OF 2019   
 
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see the light of the day; the land continues to vest in the council. 
Dispatching petitioners into prison, on a subjective belief of their 
having manipulated the impugned transaction, would be rather 
harsh in circumstances, particularly when the prosecution has the 
opportunity to possibly transform allegations into proof during the 
trial, already in progress. Detaining Haji Ghano Khan Jatoi would 
be equally inexpedient. Consequently petitions are converted into 
appeals; allowed; ad interim bails already granted to Nazir Ahmad 
Sheikh and Ghulam Mustafa Hulio are confirmed on their 
furnishing bonds in the sum of Rs.One Million with one surety 
each in the like amount to the satisfaction of the learned trial 
Court.  Haji Ghano Khan Jatoi petitioner shall be released on his 
furnishing bond in the above terms.       
 
While addressing the concern shown by the learned Law 
Officer at the bar, we feel no hesitation to direct the Secretary 
Local Government, Rural Development, Public Health Engineering 
& Kachi Abadis Department, Government of Sindh to take 
cognizance of the issue. Notwithstanding the resolution passed by 
the council or swayed by the order of the High Court of Sindh that 
merely remitted the matter for consideration afresh, he shall 
faithfully and vigilantly secure the proprietary rights/interests of 
the local council with regard to the land in question while keeping 
into account the actual value of the land and fair rent thereof. 
Copy of this order be also transmitted to the Commissioner 
Larkana as well. Both the functionaries shall submit a compliance 
report with all convenient dispatch preferably within two months.    
 
 
 
 
 
 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
 
 
ISLAMABAD 
17th December, 2019 
Azmat                               “Not approved for reporting” 
JUDGE 
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