KARACHI: Sindh High Court has issued notices to Secretary, Ministry of Interior, Director General FIA, Deputy Director FIA, Anti Human Trafficking Circle, Muhammad Arsalan Hussain, Assistant Sub-Inspector, FIA, and Dr. Nadeem Qamar, Executive Director, National Institute of Cardiovascular Disease (NICVD), against a constitution petition filed by Dr. Tariq Ahmed Shaikh, Ex-Staff Officer to Executive Director, NICVD, Karachi.

 The petitioner prayed to initiate a fair, material, and impartial inquiry proceeding against Dr. Nadeem Qamar, Executive Director NICVD upon his illegal acts as narrated in the memo of the petition. A direction against the FIA officials to conclude Enquiry No.456/2022 was initiated upon the complaint of the Petitioner as early as possible without being influenced, fear, and favor. To direct the FIA officials to appear in person and explain the progress of the inquiry conducted by them against Dr. Nadeem Qamar. A writ of prohibition pending disposal of the instant petition may be issued restraining Dr. Nadeem Qamar from traveling abroad on a private passport as well as without obtaining a No Objection Certificate from the department.

 According to the petitioner, the act of Dr. Nadeem Qamar holding a private passport being a Government Servant and frequently traveling on the said private passport is illegal, unlawful, and void ab initio. The act of the Respondent while traveling abroad frequently without obtaining a No Objection Certificate from the department which is mandatory in nature is illegal, unlawful, and void ab initio. The FIA officials are under a statutory mandate to initiate inquiry proceedings upon the complaint of a citizen but they have blatantly failed to conclude the inquiry proceedings and kept the Petitioner on hollow hopes regarding its conclusion.

 It is a settled practice being undertaken by all the employees working under the control of the Government of Sindh that they have to take proper permission before leaving the headquarters or have to obtain a No Objection Certificate prior to leaving for abroad but here the Respondent in complete defiance of the statutory prescriptions as well as practice continuously fly abroad on a private passport and without obtaining a No Objection Certificate from the department. When the law requires doing an act in a particular manner, then it must be done in that manner only and any other manners of doing such act could not be permitted, therefore, such action of the Respondent as enumerated supra be enquired into by the FIA officials which is their statutory and lawful duty.

Published in The Daily National Courier, November, 24 2022

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