According to SHC's order Muhammad Rizwan Soomro, Case Officer of the NAB filed his handwritten statement, which stipulated that on account of alleged encroachment upon a space meant for road, the NAB authorities initiated inquiry against the petitioners.
Besides, petitioners also restored the same space meant for passage. The statement as well as the contents of application prima facie reflected that this is a private dispute between complainant Fida Ali Shahwani as well as petitioners with regard to the easement rights which in our considered view does not fall within the ambit of the NAB.
SHC directed Tariq Muhammad Butt, Director Investigation Wing-1 NAB as well as Case Officer to appear on March 13, 2019 to explain how NAB could initiate inquiry in respect of easement right or any dispute between two individuals in which neither allegation of corruption or corrupt practices is levelled nor any offence as defined in the NAB 1999 has any nexus.
The court also sought the comments from DG NAB Karachi as to the conduct of Director Investigation Wing-1, Case Officer as well as Investigating Officer. The court directed Special Prosecutor NAB to ensure that SOP as to the initiation of an inquiry/investigation and mode of inquiry be furnished on next hearing of the case.