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IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-2186 of 2021

Date Order with signature of Judge(s)

Before: Mr. Justice Nazar Akbar Mr. Justice Muhammad Faisal Kamal Alam ------

Petitioner : Zabardast Khan Mahar, through Mr. Waqar Alam Abbasi, Advocate.

Versus

Respondent No.1 : The Federation of Pakistan

Respondent No.2 : The Director General NAB, Sukkur.

Date of Hearing : 05.04.2021

O R D E R

NAZAR AKBAR, J:- The Petitioner has sought the following relief(s) through this petition:

i. To reduce the surety amount to a reasonable and just sum to enunciate that the grant of bail is a form of relief and not a method of punishment as observed by the Hon'ble Supreme Court of Pakistan as well.

ii Any other relief(s) which this Hon'ble Court deems fit and pr0per may kindly be granted.

2. On query from the Court, learned counsel for the Petitioner was unable to satisfy the Court that how an independent/fresh constitution petition can be filed when the Petitioner is aggrieved by an order passed by this very Bench in C.P No.D-1078/2020, whereby the said petition was disposed of. In the first place if the Petitioner was aggrieved by any observation, he should have filed petition for leave to appeal before Hon'ble Supreme Court. Additionally, this petition is not maintainable also for the following reasons:

(i) This petition has not been signed and supported with the affidavit of the Petitioner.

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(ii) Office objection No.7 that affidavit of Petitioner in support of petition is to be filed/sworn has not been properly answered by the Petitioner. The counsel has written “Vakalatnama filed” in reply to objection No.7 Vakalatnama cannot be treated as an affidavit of Petitioner in support of petition sworn by the Petitioner.

(iii) Affidavit of facts about the financial status of the Petitioner that whether he is capable of submitting the surety or not, cannot be sworn by lawyer engaged by him after obtaining the consent order for submitting the pay order equivalent to the alleged misappropriation on his earlier petition No.D- 1078/2020.

(iv) The Lawyers are not supposed to replace their client for any substantial relief which their client want on the basis of facts from the court. A distinction has to be drawn between the client/litigant and his/her lawyer. Lawyers cannot swear affidavit of facts relating to the circumstances of their client in which need for an order from the court of Law was felt by their client. The facts and circumstances can only be in the personal knowledge of their client and therefore, when neither the petition nor the affidavit in support of petition is signed by the petitioner, it is difficult to believe that the petition has been filed under the instructions given by the petitioner. It is the litigant who has to swear an affidavit that the accompanying petition has been filed by his counsel under his instruction. It cannot be vice versa. If this practice is allowed, we are afraid in future hundreds of litigants would be in serious problems at the hands of lawyers. Is there any dearth of complaint by the clients against their lawyers? One day even plaints in suits and other miscellaneous petitions can be sworn and filed by the lawyers on the strength of having a power (Vakalatnama) even from a pardanashin woman or housewife and/or fake Vakalatnama.

3. In view of the fact that this petition was not even signed and supported with the affidavit of the Petitioner, the office has raised objection No.7 and it was not removed by the counsel for the [3] petitioner. But we did not find on the order sheet note from the office that objection No.7 is also for orders by Court. The Office is directed that in future OFFICE OBJECTION ON MAINTAINABILITY should be raised on all such petitions/suits/applications including even application for urgent hearing, if the same are not supported by an affidavit of the party on whose behalf such an application has been filed.

4. Be that as it may, even on merit the Petitioner has no case. The

Petitioner in para-8 has attempted to give an impression that this

Bench has deviated from the pleadings in passing even favourable order of bail to him. Para-8 of the petition is reproduced below:-

8. That the petitioner in his bail petition No.D- 1078/2020 has made no mention or shown any intention that he is willing to submit the total alleged amount as shown upon him by the NAB authority as surety, so this observation and direction made by the Hon'ble DB of the Sindh High Court at Sukkur is in error and against the notion that the grant of bail is to be seen as a relief as this order reflects that it was passed as a form of punishment and the petitioner has been convicted even before his trial has reached completion, as the same is pending adjudication in front of the Accountability Court at Sukkur.

5. Are we supposed to be misguided by suppression of facts that learned counsel of the Petitioner himself has made an offer on behalf of the Petitioner like other Petitioners and the offer of the Petitioner was reproduced in the order itself. Relevant portion of the order dated

09.3.2020 is reproduced below:-

3. ………………….Learned counsel for the petitioners after arguing the matter at some length, submitted that though the allegations leveled against the petitioners in the reference are false but inspite of that they are ready to furnish security/surety of equivalent to the extent of loss allegedly caused to Government exchequer by each of the petitioner individually as allegedly attributed to each one of them within a reasonable time.

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6. If the above statement about the consent/offer of the Petitioner in the said order is contrary to the instructions of the Petitioner, then it was incumbent upon the Petitioner to first file complaint against

Advocate, who represented the Petitioner and on whose request the orders were passed on the earlier petitions.

7. The very fact that the Petitioner even in this incompetent petition has not disputed the fact that his counsel was fully authorized to represent him in the said petition and make such submissions, no exception can be taken in the case of the Petitioner.

It is pertinent to mention here that from day one when this Bench was constituted at Sukkur, every lawyer appearing in the petitions against the NAB for the purpose of bail have made the similar offer. It may further be mentioned here that the unreported judgments of the

Hon'ble Supreme Court quoted by us in the bail granting orders were provided to us by the counsel representing the Petitioners. Several petitioners have filed even urgent applications to place their petitions before this Bench for disposal of their bail plea on deposit of Pay

Orders equivalent of the alleged amount of corruption or loss allegedly caused by them on the basis of the dictum laid down by the

Hon'ble Supreme Court pending the trial before NAB Court, Sukkur.

We have disposed of hundreds of petitions as shown in the table below:-

Liability Case No Petitioner Name Amount in PKR Nazar Muhammad Soomro 1,499,861.00 Imtiaz Ali Odho 1,046,108.00 Tarique Ahmed Bughio 18,605,588.00 Bilal Khan Dhamrah 1,713,538.00 Inayatuallah Junejo 1,912,208.00 Mohammad Ali Marfani 6,552,458.00 Hazoor Dino Panhwar 9,669,207.00 Sarwar Hussain Ghumro 149,139,353.00 Noor Ahmed Shaikh 49,160,553.00 Zaheer ud din 2,027,412.00 Zulfiqar Ali Marfani 1,688,205.00 Mohammad Nihal Shaikh 2,011,936.00

Naseer Shah 2,462,118.00 [5]

Arasullah Soomro 1,698,046.00 Irfan Ahmed Khan 6,099,229.00 Abid Hussain Shah 1,075,539.00 Abid Hussain Abro 3,968,048.00 Nighat Hussain 1,294,893.00 C.Ps No. D-3067, Mohammad Aslam Dayo 4,406,433.00 4423 of 2016, 1593, Firdoos Ahmed Mangi 1,701,571.00 1203, 492, 423, 441, Naeem Ahmed Mangi 6,467,650.00 443, 460, 472, 473, Aamir Ali Soomro 8,714,416.00 485, 493, 497, 516, Abdul Hafeez Lolai 1,018,373.00 517, 520, 521, 522, Shakeel Ahmed Mangi 10,126,408.00 527, 528, 541, 565, Fida Hussain Mangi 7,560,142.00 573, 583, 624, 625, Imtiaz Ali Mangi 13,576,652.00 626, 627, 644, 665, Imdad Hussain Abro 1,365,009.00 728, 770, 923 of Zaheer Ahmed Unar 2,396,611.00 2018, 314 of 2019, 46 & 575 of 2020 Abdul Razzaque Abro 1,931,176.00 Mohammad Paryal Solangi 929,125.00 Aamir Ali Mangi 5,434,858.00 Manwar Ali Meerani s/o Mohb 2,213,170.00 Ali Akhlaque Ahmed Joyo 1,285,776.00 Sikandar Ali Meerani 1,567,611.00 Ubaidullah 1,070,501.00 Aijaz Ali Rahoojo 2,584,473.00 Asif Ali Siyal 1,295,664.00 Abdullah 1,829,622.00 Habib Ur Rehman Mangi 8,875,269.00 Shakeel Ahmed Kalar 1,699,445.00 Deedar Ali Lolai 3,386,106.00 Lashkar Khan Brohi 1,087,042.00 Munawar Ali Meerani s/o 3,226,236.00 Allah Juriyo Mushtaque Mangi 30,563,436.00 Ghulam Ali Gopang 38,360,313.00 Abdul Jabbar Jamali 1,033,409.00 Kamran Ali 2,659,966.00 Zakaullah Shah 3,772,729.00 Rafique Ahmed Mangi 4,277,297.00 Mushtaque Ahmed Channa 2,650,872.00 Shahid Bashir 20,824,068.00 4447/2016 Ashiq Ali Lakhan 4,511,536.00 4448/2016 Ahmed Junaid Memon 4,511,536.00 5098/2016 Saeed Ahmed 4,511,536.00 454/2019 Javed Ahmed Dasti 11,053,263.00 503/2019 Abdul Jabbar 225,577.00 Muhammad Hassan 225,577.00 513/2019 Syed Arshad Wahab 4,511,536.00 78/2020 Shabbir Ahmed 11,053,263.00 156/2020 Mohan Lal 40,624,530.00 157/2020 Muhammad Ibrahim Theheem 23,934,849.00 440/2020 Sikandar Ali Mahar 338,597,417.00 1023/2020 Haresh Mal Santwani 26,014,085.00 1078/2020 Zabardast Khan Mahar 338,597,417.00 3542/2016 Mukhtiar Ahmed 11,149,589.00 Habibullah Shah 6,979,983.00 3666/2016 Abdul Majeed 17,621,405.00 3618/2016 Ghulam Mujtaba 5,581,539.00 3743/2016 Bashir Ahmed Magsi 5,892,118.00 1502/2017 Abdul Hameed Pathan 46468363 (Administrator) 1537/2017 Shahzado Khokhar ( Engineer) 15428671 2392/2017 Rameez Thaheem (Accounts 17959216 Officer) Javed Ahmed Khuhro 13080474 [6]

(Accounts Officer) 299/2017 Khadim Hussain (Govt. 48964200 Contractor) Mumtaz Ali (Govt. Contractor) 1631473 1396/2018 Ayaz Ahmed Soomro (Govt. 3710613 Contractor) 1615/2017 Asif Ali (Govt. Contractor) 2600941 Sher Ali (Govt. Contractor) 1169735 1671/2017 Niaz Hussain (Govt. 2843818 Contractor) Fayaz Ali (Govt. Contractor) 1318128 585/2017 Shahnawaz (Govt. Contractor) 8803386 Shahid Hameed Pathan s/o 10737921 Abdul Hameed Pathan (Administrator) 1930/2018 Ghulam Muhammad Shahliani 7347755 (Ex-MPA) 1931/2018 Mir Ali Nawaz Shahliani 8614790 1774/2018 Mir Gohar Ali Shahliani 7880320 443/2019 Muhammad Ismail 0 1462/2018 Allah Warayo 738780 4740/2016 Agha Khalique 2,916,928.00 708/2020 Hidaytullah memon 2,005,957.00 599/2019 Ali Madad Leghari 1,662,699.00 540/2019 Ahmed Raza Mangi 200,354.00 535/2019 Agha Mohammad Farhan 162,520.00 1376/2019 Gohar Hussain Phulpoto 2,192,662.00 4179/2016 Majid Anwar Sehar 1,011,743.00 539/2019 Mohammad Aslam Dayo 289,928.00 546/2019 Abdul Rasheed Malik 6,055,022.00 944/2019 Mohammad Yousuf Malik 7,607,591.00 536/2019 Abdul Wahid Memon 1,611,701.00 568/2019 Al Shaikh Enterprizes/Abdul 1,279,722.00 Waheed Shaikh Shahzado Bhutto s/o 1,267,359.00 Mohammad Hayat Mohammad Shabeer s/o 1,346,883.00 Ghulam Nabi Sajid Hussain s/o Zahid 578,122.00 Hussain Khaskheli Fahad Hussain s/o Zahid 780,169.00 Hussain Khaskheli 482/2020 Asadullah & brothers 1,305,197.00 (Asadullah Shaikh) 569/2019 Asif Iqbal Pathan 2,097,667.00 Imran Khan 1,307,863.00 Attaullah Khan 4,658,231.00 543/2019 Bilal & Co (Bilal Khan 4,493,344.00 Dhamrah) 982/2020 Deedar Ali Abro 571,179.00 541/2019 Ghulam Ali Gopang 6,893,509.00 Imam Bux Gopang 3,112,468.00 Deedar Ali Gopang 937,799.00 Sadam Hussain 658,023.00 Waheed Ali Gopang 4,296,377.00 Zahid Ali Gopang 837,665.00 Mazhar Ali 829,588.00 722/2019 M/s Becas Associates/Zahid 540,166.00 Hussain Khuhro 537/2019 Tarique Ahmed Pathan 7,376,063.00 549/2019 Wahid Bux Kumbhar 653,456.00 CP No.D- Ahmed Khan Solangi 4,597,524.00 709/2017,1351/2018, Mohammad Ali Panhwar 53,393,871.00 1830/2019 & Mohammad Saleem Sehto 7,376,482.00 1061/2020 Mismat Nazia Akram 779,482.00 [7]

441/2020 Anees ur Rehman 1,195,140.00 462/2020 Rahul P Korajmalani 1,195,140.00 1291/2020 Abdul Hafeez Joyo 1,195,140.00 458/2020 Iqbal Hussain Jumani 2,405,121.00 497/2020 Anees ur Rehman Mahar 2,405,121.00 390/2021 Ashok Kumar 19,651,099.00 391/2021 Abdul Rasheed 3,467,841.00 Ahsan Ali Memon s/o Hakim 1,797,569.00 Ali Mohammad Paryal solangi 3,379,644.00 Siraj ul Haq Dayo 15,000.00 Abid Hussain Shah 1,338,405.00 Ahsan Ali Memon s/o Imdad 19,881,070.00 Ali Barkat Jafri 520,150.00 Akhlaque Ahmed Joyo 1,214,768.00 Munwar Ali Meerani 1,121,484.00 Aamir Ali Soomro 512,700.00 Aijaz Ali Bhutto 92,500.00 567/2019, 598, 627, Khalil |Ahmed 2,341,650.00 646,649, 688, 704, Hubdar Ali Memon 510,200.00 708, 743, 904,905, Rahim Bux 98,000.00 1243 of 2019, Abdul Salam Unar 43,000.00 1329,1330, 1331, Ali Hassan Dayo 30,000.00 1332, 1361,1362, 1368, 1369, Safdar Ali Pirzado 122,000.00 1370,1371, 1391, Hizbullah Pirzado 100,000.00 1473, 1563 of2020, Zaheer Ahmed 192,500.00 117 & 249 of 2021 Shahzaib Haibat 91,915.00 Bilwal Iqbal Memon 1,030,350.00 Teja Ram 193,000.00 Sikandar Ali Meerani 470,685.00 Tarique Ahmed Pathan 574,500.00 Farman Ali Jafri 2,291,002.00 Nasrullah Odhano 3,885,189.00 Tanveer Ahmed Joyo 470,685.00 Arsaullah Soomro 1,123,527.00 Hafeezullah Prizado 198,811,070.00 Feroz Ahmed Pirzado 106,000.00 Toufique Ali Memon 42,500.00 Sultan Ahmed Rind 21,000.00 Altaf Ahmed Larik 87,000.00 Mohammad Ashraf s/o 21,000.00 Rehmatullah Safeer Ahmed Pirzado 196,000.00 Noor Nabi Pirzado 193,000.00 Akhtar Mohammad Pathan 236,000.00 Mohammad Ashraf s/o 580,210.00 Mohammad Jameel 420/2021 Anees ur Rehman 1,155,947.00 466/2021 Ghulam Nabi Maitlo 2,016,276.00 C.P No. D-355 of Muneer Ahmed Soomro 17,926,627.00 2020, 4671246, 1380 Nisar Ahmed Sodhar 105,319,894.00 of 2020, 111 of2021 Waseem Iqbal Shaikh 7,270,163.00 Hassan Ali Magsi 77,375,503.00 Rafique Ahmed Rajpar 38,687,752.00 Abdul Raheem Soomro 79,943,888.00 Sheeraz Ali 53,083,528.00 Nadar Ali 7,270,163.00 Abdul Rauf Korai 1,450,000.00 Ali Asghar Nagore 619,750.00 Allah Dad Lanjar 1,369,180.00 Aqib Khan Kalhro 1,612,490.00 Aziz ur-Rehman 1,310,000.00 Bin Yameen Arain 1,440,000.00 [8]

Faheem Akhtar Arain 8,004,000.00 Ghulam Akbar Mamar 2,360,000.00 Ghulam Mustafa 2,645,240.00 Ghulam Sarwar Bhurt 3,110,600.00 Ghulam Sarwar Siyal 3,700,000.00 Ghulam Shabbir 1,260,000.00 Khalid Hussain Channa 1,311,000.00 Manzoor Ahmed Lakho 1,850,000.00 Mir Muhammad 1,300,000.00 Mithan Khan 2,240,000.00 Muhammad Munir 5,675,000.00 Muhammad Paryal 1,155,000.00 Muhammad Sardar 1,157,700.00 Munawar Hussain 1,130,000.00 Nadeem Akhtar Arain 4,214,000.00 Naeem Akhtar Arain 1,390,000.00 Nafees Ahmed Abro 1,902,420.00 Nasrullah Joyo 1,120,000.00 Naveed Akhtar Arain 3,684,050.00 Nisar Ahmed Shar 4,830,000.00 Noor Ali Rajput 2,054,170.00 Parvez Aslam 1,740,000.00 Qamaruddin Channa 1,590,000.00 Qamber Ali Kalery 1,801,850.00 Riaz Nawaz 2,100,000.00 Sijjad Hussain 1,990,000.00 Samiullah Arain 4,988,000.00 346, 347, 348, 349, Muhammad Shafique 2,004,540.00 350, 351,354, 356, Shakeel Ahmed Lakho 1,485,000.00 357, 358, 359, Shamshad Ali 1,202,000.00 360,361, 376, 466, Suhail Ahmed Arain 10,312,160.00 468, 469,1035 of Wazeer Ahmed 1,173,970.00 2020 Muhammad Ashraf Kerio 500,000.00 Zulfiqar Ali Lakho 500,000.00 Ameer Ali Chandio 500,000.00 Anwar Ali Chandio 500,000.00 Allah Bachayo Mari 500,000.00 Ghulam Farooque 500,000.00 Bashir Ahmed Kandhar 500,000.00 Muzarfar Ali Kerio 500,000.00 Badar Ali Kerio 500,000.00 Babar Ali @ Bahar 500,000.00 Gada Hussain Khoso 500,000.00 Shafi Muhammad Chano 500,000.00 Ghulam Farooque Kaleri 500,000.00 Syed Asghar Ali Shah 500,000.00 Altaf Hussain Kerio 500,000.00 Ali Nawaz Memon 500,000.00 Mast Ali 500,000.00 Shoukat Iqbal Arain 500,000.00 Shahmir Solangi 500,000.00 Mohammad Ali ujjan 11,651,425.00 Ghulam Hussain Siming 1,816,589.00 Fakir Nazaqat Hisbani 75,120.00 Ali Hassan Sangi 1,116,753.00 |Rehmat Ali Sehto 154,935.00 Javed Ahmed Shah 1,152,153.00 Iqbal Hussain Jumani 201,697.00 Shakeel Ahmed Mirbahar 49,016.00 Riaz Hussain Sangi 187,800.00 Ghulam Akbar Jamro 1,610,855.00 Muharram Ali Panyo 3,197,858.00 C.P No. D-951/2020, Atta Hussain Jamro 56,340.00 1040,1157, 1158, Zaheer Abbas Shar 41,410.00 [9]

1159, 1160,1162, Mubeen Ahmed Unar 469,500.00 1165, 1166, Ghulam Hussain Soomro 610,538.00 1168,1175, 1199, Nabi Bux Laghari 319,260.00 1203, 1227,1243, Naseeruddin Memon 351,843.00 1262, 1321, 966, Hafeezullah Khoso 394,380.00 970, 978 of 2020 Nadeem Ahmed Shaikh 253,530.00 Irshad Ali Kalhoro 281,700.00 Pir Bux Juno 74,744.00 Abdul Razzaque Magsi 187,800.00 Syed Qamar Ali Shah 375,600.00 Abdul Majeed Banbhro 112,680.00 Ali Mohammad Mirjat 672,324.00 Bakhshiyal Panyo 463,397.00 Hanifullah Solangi 447,621.00 Mohammad Aslam 188,927.00 Ali Mardan Naich 868,293.00 Asmatullah Langah 839,936.00 Jalil Ahmed Mahesar 431,940.00 Mukhtiar Ahmed Hisbani 228,459.00 Naseer Ahmed Daheri 244,140.00 Abdul Kabeer 2,139,199.00 Abdul Sallam Shaikh 1,061,227.00 Tousif Ahmed Shaikh 2,247,810.00 Abdul Jabbar 4,992,350.00 Abdul Shakoor 1,596,300.00 Ghulam Hussain 2,680,532.00 Ghulam Raza Soomro 1,650,136.00 Kamran Khallique 889,859.00 Lemo Khan 901,127.00 Mubeen Ahmed 1,148,710.00 Muhammad Saleem 1,966,736.00 Naseebullah Buriro 1,038,065.00 Pervez Ali 3,066,618.00 Pervez Gul 1,293,786.00 Sanaullah Memon 2,456,111.00 C.P No.D-501 / 2021 Tufail Ahmed Khoso 6,009,143.00 Abdul Aziz Bullo 3,461,273.00 Himat Ali Soomro 2,107,156.00 Adnan Ahmned Qazi 373,040.00 C.P No. D-3222 of Nawab 279,259.00 2016,4409 of 2016, Khamiso Mazari 634,258.00 1657, 1660,1661, Danish Noor 729,069.00 1697, 1698, Abdul Shakoor 10,380,585.00 1743,1744 of 2019, Muhammad Hassan 3,047,597.00 119, 291,448 of Nazir ahmed 7,462,662.00 2020 Shabbir Ahmed Abbasi 724,714.00 Sarfaraz Ali Ghanghro 25,744.00 Ghulam Mustafa Lashari 4,309,338.00 Sundar Khan 4,969,297.00 Sundar Khan 32,249,561.00 Mir Ashraf Ali Khan Bijarani 316,619.00 C.P No. D-1479 of Bashir Ahmed 1,402,218.00 2020,1408, 1481, Azharuddin 8,046,748.00 1482 of 2020,131 of Iltaf Hussain s/o Abdul Karim 10,791,012.00 2021 Khan Saddique Ali Laghari 12,993,686.00 Iltaf Hussain s/o Miandad 41,325,305.00 Imtiaz Ali 271,961.00 Sikandar Ali Chandio 6,863,403.00 Mohan Lal 40,624,530.00 C.P No. D-156 of Mohammad Ibrahim Thaheem 23,934,849.00 2020, 157440, 1023, Sikander Ali Mahar 338,597,417.00 1078 of 2020 Haresh Mal 26,014,085.00 Zabardast Khan 338,597,417.00 [10]

C.P No. D-266/ 2021 Ghulam Nabi maitlo 2,016,276.00 Abdul Khaliq Pahanwar 6,339,045.00 C.P No. D-3615 of Abdul Khliq Mazari 1,049,896.00 2016, C.P No. D- Khadim Hussain panhyar 1,260,894.00

173, 238,369,588, Bashir Ahmed Khan 1,565,973.00 590 of 2018 Barkat Ali Bhangwar 2,571,137.00 Syed Essab Shah 4,448,846.00 Hakim Ali 1,860,056.00 201 TOTAL 3,429,089,317.00

8. After passing all the above orders, some of the lawyers did make few applications for reduction of surety or change of surety which we have obviously dismissed on merit as it could have been deviation from the dictum laid down by Hon'ble Supreme Court wherein bails were confirmed on depositing entire alleged amount of loss allegedly caused by the accused/ petitioners. We have followed the wisdom of Hon'ble Supreme Court in anti-corruption cases and

NAB cases for bail and in none of such cases we were supposed to grant bail by modifying the quantum of bail amount and the manner of securing the same at bail stage as cash security. It could have also frustrated the main purpose of creating equity between the Petitioner and the Respondent/NAB pending the decisions on merit on the

References before the trial Court.

9. In view of the above, irrespective of the fact that this petition is not maintainable, the same is also dismissed on merit. Copy of this order may be sent to the Sukkur Bench of High Court with the direction to place it in the file of disposed of petition No.D-

1078/2020.

JUDGE

JUDGE

Ayaz Gul