IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
 
Civil Petition No.722-P of 2021  
(Against the order dated 05.10.2021 passed by the  
Peshawar High Court Peshawar in W.P. No.2622-P/2021) 
 
 
Waseem Zeb Khan 
 
 
…..Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The Chairman, National Accountability Bureau, NAB 
Headquarters, Islamabad and others  
…Respondent(s) 
 
 
For the Petitioner(s): 
Barrister Waqar Ali Khan, ASC 
 
     
 
 
For the NAB:             
Mr. Akbtar Tarar, Addl. P.G. 
 
Mr. Nasir Mehmood Mughal,  
 
Special Prosecutor with Ansar Butt, I.O. 
 
Date of Hearing          
25.01.2022. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Veiled behind a 
fake online company fraudulently shown to have been registered 
with the Security & Exchange Commission of Pakistan with the 
name and style of Space Construction Pvt. Ltd., alongside the 
co-accused, the petitioner is part of the scam that lured people 
to invest against monthly profit at the rate of 21% of the 
deposited amount. 1700 claimants parting with an amount of 
Rs.1.7 billion fell in the trap before the hoax was detected, 
pursuant whereto, the petitioner was arrested on the 20th of 
May, 2021.  
 
The mastermind behind the scam was Muhammad 
Taimoor who established online deceit through fake identity of 
Rabia Batool; the petitioner joined him in September 2019 and 
projected himself to the unsuspecting public as Senior Director 
Criminal Petition No.722-P of 2021 
of the Company; at his tier, he operated alongside Riaz Khattak 
and Iftikhar Khattak, absconders till date, through an office set 
up at Peshawar. As the investigation progressed, the affectees, 
still pouring in to join the process, recorded their statements 
wherein they unambiguously blamed the petitioner for having 
received the sums through the trap. Colossal amounts were 
siphoned off beyond investigative reach through conversion into 
crypto currency/bit coins.  
2. 
 
Learned counsel for the petitioner contends that 
petitioner is himself victim of the scam as he initially made a 
deposit in the hope to earn profits and, thus, joined the 
company without any mens rea to defraud the public at large 
and as such is not beneficiary of the fraud; it is next argued that 
despite lapse of considerable time, the NAB has not yet filed the 
reference and, thus, his continuous detention is serving no 
useful purpose.  
3. 
 
Heard. Record perused. 
4. 
 
With the assistance of learned Law Officer, we have 
gone through the record to find a long list of victims deprived of 
huge amounts, each blaming the petitioner for soliciting deposit 
in lieu of regular lucrative profit, a promise that soon turned out 
as 
farce; 
the 
affectees 
are 
from 
different 
regions 
and 
backgrounds and, thus, cannot be possibly stage-managed to 
cook up a false case that too without any earthly reason. 
Investigative details confirm establishment of an office at 
Peshawar as is unanimously pointed out by the witnesses in 
their statements before the Investigating Officer. A small amount 
statedly deposited by the petitioner to project himself as an 
innocent victim of the scam without any tangible proof, in the 
face of formidable evidence, does not provide any space to 
hypothesize his claim of innocence. In this backdrop, refusal by 
the High Court to release the petitioner on bail in exercise of its 
equitable Constitutional jurisdiction is not open to any 
legitimate exception. Petition fails. Leave declined. We are 
dismayed by Investigating Officer’s failure to recover the 
pilferage and locate assets accumulated through the scam; his 
Criminal Petition No.722-P of 2021 
failure to arrest the co-accused and file reference in time are no 
less disquieting either.  
 
  
 
Judge 
 
 
Judge 
Islamabad, the 
25th January, 2022 
Azmat/- 
