IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
Present: 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
Mr. Justice Gulzar Ahmed 
Mr. Justice Sh. Azmat Saeed 
 
CMA No.4671 of 2012 in HRC No.19 of 1996 
(News item published in Daily Express Tribune, Partner of 
International Herald Tribune, on 14.03.2012 under the 
following 
Caption 
“Misappropriation:- 
Government 
withdrew Millions from Intelligence Bureau’s Account) 
 
 
On Court Notice 
: Attorney General for Pakistan (Absent) 
 
For Express Tribune 
: Mr. Asad Kharal, Reporter 
 
For I.B. 
: Ms. Naveeda Noor, AD (L) 
 
Date of Hearing 
: 02.01.2013 
 
ORDER 
 
 
In response to order dated 17.12.2012, reply has been 
submitted, which is found to be unsatisfactory.  Let the D.G. (IB) 
furnish comprehensive fresh reply, however, he should keep in 
mind that he is the incumbent DG, therefore, he has access to 
the record and he should not conceal anything from the Court.  
He may also keep in mind that if the amount as alleged by Mr. 
Asad Kharal, was withdrawn for toppling of Government of Punjab 
in the year 2009 is not correct, atleast he should disclose that 
what was the other object of withdrawal of this huge amount and 
details of its expenditures as atleast record must have been 
maintained that to whom the amount was distributed.  It would 
be appreciated and kept secret, if object and purpose of spending 
CMA No.4671 of 2012 in HRC No.19 of 1996 
- 2 - 
 
huge tax payer amount is also disclosed.  If reply seems 
satisfactory, direction shall be issued to Mr. Tariq A. Lodhi, former 
DG (IB), for his personal appearance to testify on the basis of 
record and in such situation, if he appears and confirms the fact 
at that time, the incumbent D.G (IB) has to face some 
embarrassment.  It is noteworthy that Mr. Tariq A. Lodhi was 
holding charge for two months, in his earlier reply had not denied 
the withdrawal of the amount except stating that it was not for 
toppling of the Punjab Government.  So, prima-facie, inference 
can be drawn that the amount was withdrawn and there should 
not be any reason for the incumbent DG to conceal the facts from 
the Court.  We expect full cooperation from him, being a 
responsible officer and head of one of the most important 
intelligence organizations of the country.  Dr. Muhammad Shoaib 
Suddle, former D.G. (IB) has not sent any reaction, therefore, the 
instant order be also sent to him through the Registrar to inquire 
as to whether if he had any information, he should communicate 
before the next date of hearing in writing through the Registrar of 
this Court.  The Secretary Finance, Government of Pakistan is 
also directed to trace the record on the basis of which sanction 
was made for withdrawal of amount referred to in the earlier 
orders, with details of transferring the same in the account of IB 
as well as communication for such withdrawal must be with the 
Finance Department, through some treasury/bank.  Notice to Mr. 
CMA No.4671 of 2012 in HRC No.19 of 1996 
- 3 - 
 
Masood Sharif, former DG (IB) be also repeated in pursuance of 
earlier order dated 28.11.2012. 
2. 
 
Adjourned to 8th January, 2013.  The sealed envelope 
containing replies of former DG’s (IB) Mr. Aftab Sultan and Mr. 
Javed Noor has been opened and perused and is ordered to be 
re-sealed, as confidentiality has been claimed. 
3. 
 
When we have dictated the above order Mr. Asad 
Kharal, petitioner as well as Ms. Naveeda Noor, A.D (Legal) IB 
have left the courtroom.  The Registrar of this Court has sent a 
sealed envelope received by him from Dr. Muhammad Shoaib 
Suddle, the same was opened in the Court.  The assertions made 
in the letter by Dr. Muhammad Shoaib Suddle, prima facie, 
confirm the allegations put forward by the petitioner Asad Kharal.  
However, to the extent of withdrawal of huge amount of Rs.40 
crore, during the years 2008-09 but not for the purpose of 
toppling the Punjab Government, as he has considered it a 
farfetched phenomenon.  The report received from him is ordered 
to be re-sealed and kept in safe custody. 
4. 
 
In view of the contents of report, we direct Mr. Tariq A. 
Lodhi through the DG (IB) to appear in person on the next date 
of hearing, already fixed as 8th January, 2013. However, 
implementation of the earlier portion of the order as directed 
therein is required to be made in the same manner except further 
communicating Dr. Muhammad Shoaib Suddle, as his reply has 
CMA No.4671 of 2012 in HRC No.19 of 1996 
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been received.  This order be communicated to the DG (IB) 
during the course of day, enabling him to establish contact with 
Mr. Tariq A. Lodhi, to appear in person on the next date. 
 
 
 
 
 
CJ. 
 
 
 
Islamabad 
J. 
02.01.2013 
*Hashmi* 
J. 
 
 
