Cr.Bail 2009/2021 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2022 · Before Omar Sial

Mr. Aamir Raza Naqvi, Advocate for applicant in Cr.B.A. No.2087/2021. Mr. Muhammad Ahmed, Assistant Attorney General a/w Ghulam Murtaza, I.O. FIA. ============= Omar Sial, J: Shah Nawaz Rehman (applicant in Crl. Bail App. No. 2009 of 2021) and Aamir Memon (applicant in Crl. Bail App. No. 2087 of 2021) have sought post arrest bail in crime number 39 of 2021 registered under sections 420, 109 and 34 P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 at the F.I.A. police station. Earlier, their applications seeking bail were dismissed on 18.10.2021 by the learned Special Judge (Central-II) at Karachi.

2. Inspector Shabbir Ahmed Chandio, on behalf of the State, lodged the aforementioned F.I.R. on 27-9-2021 reporting an offence which had occurred between the years 2014 to 2017. The contents of the F.I.R. are lengthy and therefore for the sake of brevity are not being reproduced here as the F.I.R. itself forms a part of the record. Broadly, the case is that P.I.A. wanted to improve its in-flight entertainment and therefore decided to procure i-pads for this purpose. Aamir Memon was the Brand Manager at P.I.A. and he initiated a note stating therein that 350 i-pads (though the documents reflect 60) be acquired whereas Shah Nawaz Memon made a presentation before the Board of Directors of P.I.A. during the 359th Board of Directors Meeting on the necessity of procuring the i- pads. The allegation against Aamir Memon is that he wrongly quoted in his note that the Board of Directors had approved the purchase of 350 i-pads whereas permission for 47 had been given by the Board. In addition to the allegation of making a presentation in the Board on the subject, Shah Nawaz Memon is also accused of supporting the acquisition even though he was aware that a Rs. 5 2 billion project had already been initiated to improve Business Class services. An allegation of violation of the relevant procurement rules has also been made.

3. I have heard learned counsels for the applicants as well as learned A.A.G. My observations and findings are as follows:

4. It appears from the record and what has been explained to me that on 24.6.2014 the Advisor to the Chairman of P.I.A. held a meeting in which it was decided that in order to improve the Business Class of P.I.A., Apple i-pads be installed in flights on certain sectors. Consequent to the meeting a note was initiated by Aamir Memon, who was then the Brand Manager in which it was suggested that 60 i-pads be acquired for a two month pilot project which would run from August 1, 2014 to September 30, 2014. This note was approved by the then Advisor to the Chairman as well as the then Managing Director (who was not Shah Nawaz Memon). This note in which Aamir Memon has sought the management’s approval is alleged to have been initiated with malafide intent with a view to defraud P.I.A. as Aamir Memon (who was then a Brand Manager) signed the same as Brand Manager as well as General Manager Brand Management. In my view Aamir Memon was too low down the management hierarchy to be in a decision making position and admittedly had no role in either deciding if the i-pads should be bought or in approving the project.

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