Illegal land allotment charges: SHC dismisses ex-govt officers, others’ pleas against NAB reference
The Sindh High Court has dismissed petitions of a former secretary land, directors general of the Sindh Building Control Authority, the Malir Development Authority and the deputy commissioner seeking quashment of a fresh reference pertaining to illegal conversion, exchange and transfer of state land to a private builder in Malir.
Mohammad Javed Hanif Khan, Manzoor Qadir, Agha Maqsood Abbas, Kazi Jan Mohammad, Mohammad Sohail along with former chief minister Qaim Ali Shah and the current senior minister had been booked by NAB in a fresh reference, in which they were included as co-accused along with a private builder, government revenue officials and others pertaining to illegal conversion, exchange of 17,671 acres of land and causing a loss to national exchequer to the tune of Rs708 billion.
The petitioners’ counsel challenged the jurisdiction of the reference before the accountability court as they fall under section 4(2) (d) and (e) of the National Accountability Ordinance 1999 as amended.
They submitted that the accountability court has no jurisdiction to try the case following an amendment to the NAB law and requested the court to restrain NAB from taking any coercive action against them till a decision on the petitions.
An SHC division bench headed by Justice Mohammad Iqbal Kalhoro after hearing the arguments of the counsel observed that these petitions have been filed against the filing of NAB references against them.
The court also observed that copies of the references have been supplied to the petitioners and the case is fixed before the trial court for the framing of charges.
It said that it is a settled proposition that the trial court has powers under sections 249-A and 265-K of the CrPC as the case may be to decide whether or not there is any likelihood of the accused being convicted not only on factual grounds but on legal grounds as well.
The SHC further observed that petitioners have adequate remedy sought for before the trial court and in view of such facts these petitions are patently not maintainable.
The court dismissed all the petitions; however, it put the petitioners at liberty to file applications for relief if so advised before the trial court. The court directed that trial court shall decide the same before the framing of the charges.
The high court ordered that ad-interim bail already granted to the petitioners is now converted to protective bail for 15 days subject to surety already furnished.
NAB had filed the reference against 33 persons, including a former managing director of the Malir Development Authority, former Sindh Building Control Authority directors general, a former deputy commissioner of Malir and other revenue officials.
NAB alleged that he accused in active connivance of each other grabbed 17,671.87 acres under the grab of “adjustment/exchange/consolidation in 2013-14 in sheer violation of law for the private builder, causing a colossal loss of over Rs708.08 billion to the national exchequer.
