IN THE SUPREME COURT OF PAKISTAN 
                       (Appellate Jurisdiction) 
 
 
 
 
Present: 
 
 
 
Mr. Justice Jawwad S. Khawaja 
 
 
 
Mr. Justice Dost Muhammad Khan 
 
Criminal Petition No.210 of 2015 
Muhammad Haroon ur Rasheed 
… 
Petitioner(s) 
  
 
 
Versus 
The State and another  
 
… 
Respondent(s) 
 
For the petitioner(s):  
Syed Rafaqat Hussain Shah, AOR 
 
For the State:  
 
Mian Arshad Jan, Addl. AG, KP 
  
 
 
 
Mr. Jehangir, AD(Social Welfare), KPK 
  
 
 
 
Mr. Mujahid Khan, AD (Industries) 
 
Complainant:  
 
In person.  
 
On Court’s notice: 
For the Federation: 
 
Mr. Sajid Ilyas Bhatti, DAG with  
  
 
 
 
Mr. Hamid Ali Khan, National Coordinator, NACTA 
  
 
 
 
 
For Govt. of Balochistan: 
Mr. Muhammad Ayaz Khan Swati, Addl. AG 
 
For Govt. of Punjab:  
Mr. Razzaq A. Mirza, Addl. AG 
  
 
 
 
Mr. Muhammad Yasrab Hanjra, DG (Social Welfare) 
  
 
 
 
Mr. Tariq Ismail, Law Officer (Social Welfare) 
  
 
 
 
Mr. Muhammad Aslam Maitla, DO (Social Welfare) 
  
 
 
 
Khawaja Nadeem Iftikhar, ALO (Industries) 
 
For Govt. of Sindh: 
 
Mr. Shehryar Qazi, Addl. AG 
  
 
 
 
Raja Abdul Ghafoor, AOR 
  
 
 
 
Dr. Saeed Qureshi, Focal Person to Chief Secretary. 
 
For the L&JCP: 
 
Mr. Muhammad Sarwar Khan, Secretary 
 
Date of hearing: 
 
22.07.2015 
 
  
 
 
 
ORDER 
  
Muhammad Haroon ur Rasheed, the petitioner herein seeks bail in case FIR No.39 
dated 28.01.2015 registered under Section 489-F PPC at P.S. SMA, Tank. We were not inclined 
to grant bail in view of the circumstances which have come to light in this case. Therefore,  
learned counsel for the petitioner requests that the record of the case presently with the 
Additional Advocate General may be ordered to be sent back to the trial Court so that the 
trial can be proceeded with. The learned Law Officer for KP shall retain a copy of the record 
and transmit the original back to the trial Court which may proceed in the matter and decide 
the case expeditiously. 
Crl. P. 210 of 2015 
 
2
2.  
The learned DAG has submitted a report (Crl.M.A. 743/2015). The Secretary LJCP has 
pointed out that statistical information had been sought from the five governments so that 
baseline data could be established. However, according to him, the requisite information has 
not been furnished by the governments concerned. Some reports have been filed in Court 
today. Upon a cursory examination of the same, there appears to be some lack of urgency. 
For instance, the Joint Investigation Directorate (JID) has still not been established or made 
functional. The National Coordinator is present and states that the funding required is two 
billion approximately. On 18.03.2015 a summary was sent to the Prime Minister for approval 
but the same was returned in April, 2015 with some observations. On 6.5.2015 a revised 
summary was sent by NACTA to Prime Minister but the same also was returned with 
comments. For the third time on 9.7.2015 a second revised summary has been sent which is 
awaiting decision by the government. The National Coordinator has also stated that the 
existing budgetary allocation of rupees one hundred million is grossly insufficient even for 
meeting the salaries and operating costs of NACTA. According to him, the organization is 
under-staffed and cannot perform the function of coordination without the requisite funding.  
3.  
The report submitted by the learned DAG also shows that immediately after the 
announcement of National Action Plan on 24.12.2014 a sub committee was constituted in 
terms of Item No.6 of the National Action Plan for the purpose of choking the financing for 
terrorists and terrorist organizations. It is in this context that relevant statistical data has not 
as yet been furnished by any of the governments to the Secretary LJCP. As a consequence, the 
on-ground monitoring of NGos/INGOs is not evident. The governments shall, therefore, 
expedite their efforts to gather the relevant data and furnish the same to the Secretary LJCP 
who shall collate the data and submit a report before the next date of hearing.  
4.  
The learned Law Officer for government of Balochistan has candidly conceded that 
there is no information or data currently available with the government in connection with 
the sources of funding and the expenditure by NGOs/INGOs, operating within Balochistan. 
The same is the position with the government of KP. The learned Law Officer, KP has, 
however, pointed out that in connection with an NGO namely Baran it has been found that 
funds was received in its account in MCB, Kohat Road, Peshawar. From MCB, Peshawar the 
funding was traced to Standard Chartered Bank, Peshawar. Thereafter, the money trail went 
Crl. P. 210 of 2015 
 
3
dead. This is just one out of ten thousand NGOs operating in KP. The learned Law Officer 
states that a report has been prepared pursuant to the previous order but the same has not as 
yet been filed. Let the same be filed before the next date of hearing.  
5.  
The government of Punjab, however, appears to have made some progress in 
gathering the relevant data. A report (Crl.M.A. 745/15) has been filed in Court. Let a copy of 
the same be supplied by the Additional AG to the Secretary LJCP today.  
6.  
The learned Law Officer of the Sindh government states that the state of affairs and 
information/data gathering in respect of NGOs/INGOs in the Province of Sindh is not 
satisfactory. Currently he has submitted a report. Let a copy of the same be supplied by the 
Addl. AG to the Secretary LJCP who may go through the same and submit a report before 
the next date of hearing.  
7.  
Re-list on 28.07.2015. 
  
 
 
 
 
 
 
 
 
 
Judge  
 
 
 
  
 
 
 
 
 
 
 
 
 
Judge   
Islamabad, The 
22nd July, 2015  
 
 
 
 
 
 
 
M. Azhar Malik/* 
