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Rs500m damages suit filed against ACE Balochistan officials over malicious prosecution

A senior medical officer of Quetta has urged a local court for retribution on Monday, pleading his life was upended when the Anti-Corruption Establishment (ACE) apprehended him under frivolous allegations of corruption as he remained behind the bars for 11 days and faced trial  for one-and-a-half years.

Advocates High Court Aimal Khan Kakar and Ahmed Rehman filed a damages suit of Rs500 million before the senior civil judge of Quetta on behalf of their client Dr Ahmad Wali, making officers of Anti-Corruption Establishment including Muhammad Ayaz Baloch, Director General, Khursheed Qayyum, Deputy Director Investigation, Abdul Qayyum Deputy Director Investigation, Arshad Majeed, former Secretary S&GAD/DG and a private person Atta Ullah Sherani Son of Muhammad Saleem of Quetta as defendants.

Filing the suit for recovery of damages on account of malicious prosecution amounting to Rs 500 million Dr. Ahmad Wali alleged that all the four Anti-Corruption Establishment officials prosecuted plaintiff with connivance of each other at the whims and wishes of a defendant Atta Ullah Sherani. The petitioner said resultantly criminal proceedings were actuated against him with malice and without any reasonable or probable cause.

Advocate Aimal Khan Kakar contended before the court that defendant officials of the Anti-Corruption Establishment in furtherance of their ulterior motive, without any just and probable cause and with mala-fide intention filed a flimsy, fallacious and farcical First Information Report under Sections 409, 420,467, 468, 471 Pakistan Penal Code 1860 read with Section 5(2) of The Prevention of Corruption Act 1947 against his client.

Advocate Kakar argued that during the investigation of the case in perpetuation of the false and concocted FIR, his client was arrested in a humiliating manner and was kept behind the bars for the period of eleven days. Advocate Kakar apprised the court that after passage of one and half year of trial on December 10, 2020, the Special Judge Anti-Corruption Balochistan acquitted his client from all the presumptive, speculative and conjectural accusations.

Counsel for the Dr. Ahmed Wali contended while seeking Rs500 million as damages in the matter, “The defendants through their malicious and nefarious acts have resultantly subjected the plaintiff to severe ridicule, unjust criticism, dislike, contempt and hatred besides having undergone mental agony/torture at the hands of the Defendant by losing his reputation and family honor”. After brief hearing of the matter, the civil judge issued notices to parties of the case for June 18.

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