INTHE COURT OF SPECIAL JUDGE, (CENTRAL), ISLAMABAD Criminal Miscellaneous No, (o/2022 Imran Ahmad Khan Niazi son of Ikram Ullah Niazi resident of Khan House, Banigala Islamabad, Petitioner Versus The State through Federal Investigating Agency, Isanabs Respondent Case FIR No: 38 / 2022 dated: 06.10.2022 Under Sectio 420/468/471/877-A/ 109 PPC ri 5/23 FER Act 1947 FIA CBG, Islamabad Police Station: ION 498 Cr.P.C ALONGWITH ALL OTHER /ABLING PROVISIONS OF LAW FOR THE GRANT OF PRE-ARREST BAIL ‘TO THE PETITIONER TILL THE FINAL DISPOSAL OF THIF CASE. It's respectfully Sheweth; ses of the parties given in the headnote of this Petition secki 1. That the add ant of ‘Pre-Arrest Bail’ in case FIR No. 38 / 2022 dated 06.10.2022 unler section 10/468/471/477-A/ 109 PPC /w 5/ 23 FER Act, 1947 are sufi Petitioner's knowledge forthe purpose of serviny: notices and to the best of ble Court is fully compet Honour to hear and summons. Furthermore, this fas the Petitioner rable decide the matter i hhas also been directed by tor‘Slamabad High Court Islamabad vise Order dated 12.10.2022 passed in Criminal Miscellaneous No, 1281/22 to approsch relief of bai the Court special Judge Central for the Bhat the Petitioner aggrieved with his malicious Implication, humbly seeks the SFant of Pre-Arrest Bail on the following, grounds: (A) Th. c7ses, one after the other, are beiny ry: Scheduled Offence'h iat a series of criminal istered against the Petitioner (B) No iad been made out arxl the FIA, in sheer authority by registering Insta matter haste, has abused its It FIR (C) Noticeable de 8 the Matter pertaing 10 year 2013 (D) In lay in registration of the hurried manner Pen PIR as eeniepieteret without conducting proper inquiry of fixing siminal responsibility of the Principal Accused (E) The allegations in FIR are Peavily based on ECP report which is defective biased and also challenged in Peet Bish Cott (2)TRal Gener & Collective ole has been assigned to a5 Bis 1D Peniee embers OEET in an atempt to throw wider net (G)There is an apparent malice and malafdeon past of the FIA Author ities behind registration ofthis case; AE) Tha inbtantense hasbeen registred merely to humiliate him as of the countey; ()) The the political rivals ofthe Petitioner behin.! ‘of the politcal adversaries in the last few » head of the largest political party eis a hidden agenda of ‘egistration of this FIR; () The actions months are indicative of their andl venom against the Petitioner; and (k) The Puitioner is to vendetta suffer irreparable Fhumiliation, and oss to his reputation on: tohim, stature if Pre-Arrest Bal isnot granted See CEN Honourable Court, the contents of the FR. INoiss/a0z2 deed 06102002 under seen sryseysryaz7.4/ 109 pre iw 5/23 FER Act, 1947 are reproduced as fll “During the course of Enquiry Islamabad Zone, Islamabad, itt sonia Wootton Cricket Limited (WCL), $n Coy tan), Arif Nae transferred il-gotten money o UBL» nt No led 05.08.2022 PS FIA CBC, Masood Ni £18243 Tehreck-e-InsaP- at jinnah Avenue Bra received from M/s Woolton Cricket Limite, ‘messages ofthe above transactions is "Agreed Trav true nature origin, location, moverient and ow ‘Naqoi is also founderfooner of Abraaj Group, UAE which - — I) hee EeIslamabed fciitaed these "8 aforesid itegaitis to the Merchant Acquiring Agreement Bate 06:10.2022 repatered at Potice Station Hached as Annexure “A”International Monetary Fund at a crucial wer tabled many jorms through legislation. For instance, his government syerment and shields against domestic violence. It is wise fant case is a product of the nefarious designs of the long existing ‘who have now joined hands against the Petitioner, who by way of Jo the current regime, His implication in the FIR is only a product of his 1 opponents’ master minding and scheme orchestrated to tarnish his putation, in attempts to secure their interests, Therefore, the Petitioner being, feved and determined to prove his innocence in an absolutely false and frivolous case registered with malafde intention and sole aim of blackmailing him, ‘now craves for the kind indulgence ofthis Learned Couet forthe Pre-arrest Bail in the instant FIR inter alia on the following grounds: GROUNDS [A. That a series of criminal cases, one after the other, re being registered against the Petitioner by the state institutions under the command and contol ofthe political rivals of the Petitioner, Political adversaries and opponents for quite some time without success have been on look out to humiliate and disgrace the Petitioner with the sole purpose and agenda to undermine his credibility by involving him in falbe and baseless cases. Through probe, in the form of fishing and roving,Rngle penny was received or withdrawn ‘Account and neither does the FIR disclose ones, Hence, no scheduled offence had been. haste, has abused its authority. Malafide intentions evident fom thelr 1 efforts to frame the Petitioner for corruption, however le to find any element to substantiate their claims, they Pesistored numerous FIRS under the ‘Serious Charges’ of ‘Terrorism’ 1 Petitioner's politcal rivalry penal provisions, Such repeated nomination ofthe Petition in various Pnly resatiems the inclination of ‘State Functionaries' towards exercise of Bthorityin achieving undue and unlawful objectives, Another important fact that sll be considered here is the recurent effort of the curtent government, to handpick and target PTI members by setting the stone rolling for criminal proceedings agsinst them, mainly under the serious charges of “Mutiny” and ‘Sedition’. Not only this, but under such direction, the state functionaries are known to have resorted to illegal and inhumane means, such as infliction of Custodial Torture on PM's senior leadership. To conchude, this persistent registration of IRs by the ‘Sate Funcionare against Petitioner and other Party “Members clearly exposes hidden agenda and ulterior motives ofthe Respondent. : That allegations leveled in the FIR are based upon nothing but mere assumptions and conclusions jumped ono, without any valid grounds. The respondent has inn rin! procedings again the Petter without eanyng ot any stgntion ofthe mater or nguiring the principal accused ie. Mr, Arif Masood Is also important to state here that allegations forwarded by the that these transactions were result of proceeds of crime but ‘makes it plain that Respondent hasnothing to establish or prove any activity resulting fom Proce of Crime’ This alone shows that the Respondent dishonesty stepped into a case of no evidence and ‘Criminal Offence’ had been made out solely in obeyance of unlawful and ‘egal aspirations ofthe Petitioner’ politcal opponents. That the Federal Investigating, Agency (FIA) in collusion with fe Government, to further their agenda, i involved in “Blind Povsccation ‘Apparently, no dret allegation had been leveled agains #9 Pte 2nd The ery mars) of Fil ony dscoets that he eraeriscd Me. Asif Masood Nagy! Gpades trated forseninvesirsinURIUSA UAF. These rvolous FIRs having eine Iodges inter (FIRISH/ 22) Kerachi (14 22) and Islamabad (28 / 22) Prem thesamebusclesallegstionth: M1. vif Mosood Nog whohad an“ua- (epinined money teal) ansfersed funds into PTI's bank account and auch Iransereonsiuted iibgotten’ soncy. Moreow TREFIRSEy the Respon ent whether the Petit it was never claimed in any of neror his patty leadership had ever SPMEAIMEAIEAY icterconrection oF association with ‘Abra} Group limited’, MMe EF et Limited (UAEY' of any other associated company of coaccused Ba Ari Masood Navi Respondent (FIA) are first obligated to discharge a strict burden by proving th nsacted amount under dispute as l-goten and unexplained, certstgoing Agency provonsy Thetis worth ghighing thatthe Fr! Investa=tng Sp anestd snr pty fc rhea engin» ess seed es Fo Pesci erg tem detent Met pons made by He Eton 6 imperaive ont th he bev i eady bon categs Pat) ny don a 82 he aly a le {efor Iuamala! High Court in Wt Petition No. 2998 / ae ef Pakistan where the mati ‘eusec Ins (PT x ston Commision’ ; rmaratng rom the den she Renton honoring econ OF ECP wien he te subjacent towards i ‘tion bas on maafde intentions and ulerior motives . That ever since the polled rials of the petitioner took over the Federal ‘government, they have made repeated atempis to involve the petitioner in ‘asles and false cases Previously os well such attempts were made by the Investigating Authorities at the behest of poltcal adversaries ofthe Petitioner. However, on the Prosecutio’s utmost failure to bring out any incriminating evidence in those cases, now another ibfounded FIR hasbeen registered by the Federal Investigating Authority. In a nut shel the Federal government, being beaded by vals ofthe Petitioner, is always adamant and on a lookout to ‘maliciously bring the petitioner within the clutches of criminal aw. This cases no dliferent than the previous attempts. All these actions ofthe Federal government therefore, make itabundanly clear thatthe present case so registered against Petitioners tainted with malafide, malice and malinent, | Ti the Petitioner has ben falsely and maliciously booked inthe present cas. ‘The bare perusal ofthe FIR reveals thatthe Petitioner i absolutely innocent and 7s commited no criminal offence, hence qualifying the Petitioner for a bal u emaltr is farther probed into for determination in detailby the Court of law {he sted principle of law that “He Who Comes fo Equity Must Come with Clean ‘Its worth mentioning thatthe conduct of the Respondent is highly ‘sionabe or they havent only orchestrated an abhorrent scheme to implicate “etoner bu also unlawfully abused thei inftuence and conto over the acl and Government Official, in furtherance ofthis scheme. "elorefutable facts as enumerated above prove beyond any shadow ofdoubt 't hostile, based, predetermined and vindictive state of mind of the | =re hai unjst and unreasonable manner contrary 1° sued in such the part of Respondent have been iss ied inst + fide, hostility, and vindictive motives fo son, reputation and dignity grant Pr-arsest ails fo allow reli FO tittzens who apprehend thelr arrest foran ulterior motive. In short for grant of this relict the foremost requirement i that acrsc| ust Sati the jadi conscious of the Court that the charge against him is malicious due (0 west motive and his arrests motivated by way of caprice in ore 10 osgrace him. AI, ‘such ingredients are present inthis case K. That the Jurisdiction of Criminal Courts should not be allowed to bo: i ‘meddlesome interloper’ or a prof ional itigant who plans to settle his pe59° scores using the machinery of law. It has been stated in De Smith’s Judicial Ke. ‘of Administrative Action (4% Ed), p. 409 “All developed legal systems hat had to face the problem of adjusting confi between too aspects of public interest—the desirability of encouraging individual citizens to participate actively nthe enforcement of thea, ed the undesirably of encouraging the professional tiga and te medlesmeinterloper to inooke the jurisction ofthe courts in mates that do nat once i” |L. That time and again through a series of judgments it has been emphasized by the superior courts of the country that the idea and object of law of Pre-arrest bails to protect the liberty and honour of respectable citizens from humiliation at the hands of law enforcement agencies. The case at hand is nothing but an attempt con part ofthe Respondent to sbuse the very process of law to beat fruit to their nefarious designs and to settle their own scores through the machinery of criminal justice. Therefore, the case ofthe Respondents i highly doubtful and requires further inquiry and probe, therefore falls under sections 498 CrP. M. That the Petitioner seeks leave to further grounds at the time of main hearing of the Bail petition.PRAYER it is most ‘es the circumstances and the facts ofthe as as enumerated above Braciously prayed that; ‘he Petitioner be granted Pre-Anrest Bail in case FIR No. 38 /2022 dated (610.2022 under section 420/468/471/477-A/ 109 PPC nw 5/23 FER Act 1947 1ill the final disposal of the aforementioned case in the “Interest of Justice” & “Fairplay”. ‘The Petitioner may also be granted Ad Intern Pre-Artest Bail il the ‘confirmation of instant Pre-Arrest Bail. ‘ny other relie which this Honourable Court deems fit and proper may be provided to the Petitioner. fe BARRISTER SALMAN SAFDAR Advocate Supreme Court B. (LSE, UK); Bar-at-Law (Lincoln's Inn) Ground Floor, Alvi Manail, 9 Fane Road Lahore Barrister Hassan Khan Niazi ivocate High Court ‘Advocate High Ali Ijaz Buttar Advocate High Court Arslan Chaudhry MM, Umair Ashraf Advocate High Court Advocate High Court, Petitioner, this isthe I" Pre Arrest Bail Petitionundersigned apport ‘whom these presents shall come that WE, TRe BARRISTER SALMAN SAFDAR (ASC) BARRISTER HASSAN KHAN NIAZI INTAZAR HUSSAIN PANJUTHA NAEEM HAIDER PANJUTHA ‘AL! UAZ BUTTAR ‘ADVOCATES ‘ADVOCATE cause to do allthe followings acts, deeds for PETITIONER inthe above mentone thats to sy: rise ane tons cae fhe cour ofa tr Sou Oy pled in he shoe ancn er apenk rv, fevon oF execution oF $0 rooressunt tial eae. pe in or petits for exscuton, review anne rsa or ear secuets as shall be deemed Ne onc! the sad cause nal age. a at erbtration any diferences or dapute that omprorie te sald rata i said cauwe and to make statement ad "erin any manner payment thereat, wl nt claimin ary orig *Slvocate wit not make any cai “or cave of sloagreement otsnize tot INVE amare not going to engoge Advocate fer any cause socate personal volved aca eet moor nan) to this presen contents of which have been the 17 day of Octeber 2022 D Barrister Hassan Khan Niazi it. ‘évocate NAEEMHAIDERPANIUTHA Alia Buttar ‘xbvorate Advocate "SATS Bail Petition) |