Islamabad
The keen interest and personal attention of Interior Minister Chaudhry Nisar Ali Khan was the single factor in preparing an infallible case and fighting it in the Islamabad High Court (IHC), which upheld the Capital Development Authority (CDA) decision cancelling the lease of One Constitution Avenue of Islamabad.
According to the story narrated to The News by credible sources close to the interior minister, as the minister came to know about the facts of the case some two years back, he called a reputed officer of the Federal Investigation Agency (FIA) from Lahore to carry out in-depth probe into it.
The FIA had been investigating the case since 2011 but without any worthwhile progress for different reasons, it was stated. The agency got a big push after Chaudhry Nisar personally handled it.
Prior to this, he discussed the issue with Prime Minister Nawaz Sharif, who gave him a go-ahead to take the matter to the logical conclusion.
As the inquiry began, the IHC was moved to halt it, but in vain. It was discovered during the FIA investigation that illegalities were committed which inflicted a loss of Rs20 billion to the national exchequer. It concluded that the location of the high-rise structure can cause a serious security threat to the federal capital.
The 13.5 acre plot was sold to a group for Rs4.88 billion at the rate of Rs75,000 per square yard on a 99 years’ lease in 2005. The FIA investigation showed that this company had not in fact taken part in the CDA auction of this plot. As per the original plan, a five-star hotel and service flats were to be built on the plot.
According to the terms of the lease, the company was to deposit 15 percent of the total cost while it was required to pledge property for the remaining amount. The FIA inquiry established that the firm did neither pledge any property nor did it pay markup to the CDA on the unpaid amount for not giving the collaterals.
When the CDA handed over the plot to the firm, the company got a hefty loan from the Bank of Punjab covered by this piece of land. In place of approved service flats, luxury apartments were built after getting approval from the CDA. The construction of the hotel could not be completed due to objections of the Civil Aviation Authority over its height.
Importantly, the CDA master plan provides for six-storey buildings but its officials allowed the company to have 47 storeys. Under the law, such approval had to be secured from the federal cabinet, but it was surprisingly given by the CDA.
After coming to the conclusion on the basis of the FIA investigations that it was a massive sordid case, the interior minister used his good offices to get the lease cancelled by the CDA. It transpired that wealthy and highly connected figures from powerful walks of life including the government and the ruling party have been given apartments at unheard of low rates. According to sources, some more important among them were provided the apartments free of cost.
Chaudhry Nisar became highly dejected and disappointed at many stages over the past two years because of the pressure from different sides, but he resisted it aggressively. For months, some highly well-connected and even his old friends approached him requesting a meeting between him and the affected parties. But he declined to oblige true to his temperament.
He said at one stage that he felt at times as if the whole world got united for the corrupt and the search for truth and facts was an uphill task. But even in utter frustration he did not lose heart and kept pursuing the case with verve and energy.
When the case came up before the IHC, the FIA wanted to hire some big name from the lawyers’ community, but everyone it contacted told it plainly that he could not do so as he had also an apartment in the One Constitution Avenue twin towers.
Finally the case was argued by Barrister Kashif Ali Malik, advocate, who is a nephew of the interior minister. The lawyer charged a few thousands as fee that the CDA generally pays to the attorneys on its panel. The young lawyer earned laurels by winning the landmark case, perhaps the most important of his professional career.
The interior minister sensed that when the case started becoming clear in the IHC, efforts were made to divert it to the National Accountability Bureau (NAB) to drag it, but the lawyers did not allow it happen.
Chaudhry Nisar quickly showered immense praise on IHC judge Justice Athar Minallah, who handed down this historic ruling, and held out an assurance that each and every penny of those who invested in the apartments would be returned.
It was stated that while on the one hand the details of this case were eye opener and surprising, on the other it pointed to glaring flaws in the system as to how the powerful could use the laws in their favour on the basis of their influence and connections in the right quarters. In this process of damaging the national exchequer, the government, non-government and privates sectors appeared hands in glove with one another.