High court suspended session court order in SECP

ISLAMABAD, August 6:  The Islamabad High Court (IHC) has suspended the impugned order of a session court that ordered registration of FIR against senior officials of the Securities and Exchange Commission of Pakistan (SECP), stating that no cognizable offence has been occurred. 

 

The order has been announced by Justice Riaz Ahmed Khan in the Writ Petition No 3177. As on August 3, the session court directed the SHO police station concerned was directed to register the FIR under intimation to this court. The concerned SHO has also discharged the FIR on the directions of the High Court.

According to details, Mr Rana Mustaffaa Yousaf, Deputy Director SECP had submitted an application to the SHO Police Station Kohsar, alleging therein that he had been stopped from entering the office by the management of the SECP. Since on the basis of application, his FIR was not registered, therefore, he approached to the Justice of Peace, Islamabad, who passed the order for registration of case against the SECP management. The honourable court has learnt that no cognizable offence has been mentioned. Even, if the allegation of Rana Mustafaa was correct, he could file petition regarding contempt of court but FIR could not be registered. It was also learnt that even arguments made in the application of Rana Mustaffa were false as Rana Mustafaa has already filed contempt of court petition in the IHC, which is misrepresentation on behalf of the Rana Mustafaa.

Earlier, the Kohasar police had submitted a report in the session court which indicated that no cognizable offence was found in the inquiry therefore no FIR could be registered against the SECP officials. It is pertinent to mention here that the employment contract of Rana Mustafaa was not confirmed by the SECP upon unsatisfactory performance during his probationary period of six months. However he secured stay order from the IHC, on termination of his employment contract.

As matter of fact, one Rana Mustafaa Yousaf had filed a petition in Sindh High Court (SHC) and fraudulently secured a stay order against the acting charge of Tahir Mahmood as Chairman SECP as he had submitted fake affidavit in the SHC. However, the SECP moved against the stay order in the Supreme Court of Pakistan, which on June 7 set aside the stay order of SHC and restored Tahir Mahmood as acting chairman of the SECP.

In its decision, the honorable judge Justice Jawwad S Khawaja also learned that the petitioner Rana Mustafas Yousaf has filed fake affidavit in the SHC in CP No. D-2410/2013 and made unfounded allegations on Tahir Mahmood to secure the stay. Taking strict cognizance of fake affidavit, Justice Jawad Khawaja, in written order noted that it appeared prima facie that the process of the court might have been abused by Rana Mustafa and directed registration of a separate case against Rana Yousaf.

Consequently, Mr Rana Yousaf has tendered unconditional and unqualified apology. The Supreme Court accepted his apology after issuing him a written warning letter that the petitioner should be careful in future.  However, once again Rana Yousaf had tried registration of case against acting chairman Tahir Mahmood on a groundless incident that his entry into the SECP was restrained by the acting chairman as on June 28. As meter of fact, Mr Tahir Mahmood was on 15 days ex Pakistan leave during the indicated period. However, police initiated an inquiry and closed the matter once the mala fide intentions of Rana Mustaffaa provide. The attempt for registration of case against acting chairman SECP on baseless incident by Rana Mustafaa is

a contempt of Supreme Court’s warning to Mr Rana.  The Chairman SECP has already filed a contempt of court against Rana Mustafa in Islamabad High Court (IHC) on making continues attempts to disgrace him.

Moreover, it is also clarified that under clause (d) of the employment contract of Rana Mustafaa Yousaf, his appointment was subject to satisfactory completion of the probationary period of six months, which was not further extended by the competent authority. However after obtaining stay order from the IHC, on termination of his employment contract, he is not attending the office and continually making attempts to disgrace the office of chairman and the organization. The organization is taking cognizance of his mala fide attempts at proper forum.