ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) Chairman, Imran Khan, was not the owner of Banigala land in 2003, Islamabad’s revenue record and Jemima Khan’s affidavit have confirmed, thus proving that a no-objection certificate (NOC) submitted before the Supreme Court by Imran was fake. The NOC for the construction of Imran’s mansion in Banigala was purportedly issued in his name by the Union Council Bhara Kahu in 2003. Earlier, a concerned official had already told the Supreme Court that the document was not issued by him.
According to revenue documents available with this correspondent, the Banigala land was transferred in Imran’s name only on June 11, 2005. Imran’s former wife Jemima Khan herself confirmed through a power of attorney on September 21, 2004 that the said land belonged to her and she wanted to transfer the same in Imran’s name.
“It is impossible that a union council or any revenue official would issue an NOC in the name of someone who does not own that land,” Deputy Commissioner Islamabad Capt (retd) Mushtaq Ahmad told The News. He said such documents are only issued in the name of actual owners of the land. But the computerised NOC submitted by Imran’s lawyer Dr Babar Awan in the apex court last month is purportedly issued by Union Council Bhara Kahu in the name of Imran Khan. The document is dated 2003.
On the other hand, the Islamabad revenue documents revealed that Jemima bought the land measuring 300 kanal 5 marla vide mutation Nos 7056 dated 26 April, 2002, No7225 dated 16 August, 2002, No 7246 dated 28 August, 2002, No 7361 and 7538 dated 11.6.2005. So before June 2005, the Banigala land was registered in the name of Jemima Khan and Imran Khan could not legally get an NOC for the construction of house from any revenue office.
The fresh documentary evidence is likely to create a huge trouble for the PTI chief in the Supreme Court as the apex court had recently issued strict warning against submitting fake documents in order to cheat the court. Legal experts are calling it another Calibri-like scandal.
Earlier, a former union council secretary of Bhara Kahu Muhammad Umar had also told the Supreme Court that the NOC was fake as he never signed the document, which purportedly bears his signature. Interestingly, he also told the court that the union council did not have a computer in 2003, while the “fake” NOC is computerised.
The apex court had directed Imran’s lawyer to submit his response regarding the claim of the UC secretary. The controversial NOC was presented before the apex court bench hearing a case against illegal constructions in the Banigala area in the previous hearing, but the chief justice had ordered verification of the document.
According to senior Supreme Court lawyer Akram Sheikh, presenting a fake document in the Supreme Court would result in serious legal troubles for Imran as forgery for cheating is punishable with an imprisonment of seven years and fine under the Pakistan Penal Code Section 468, while deceiving the Supreme Court is a separate crime.
Interestingly, last year the PTI chief wrote a letter to the Chief Justice of Pakistan to draw his attention towards the “municipal lawlessness” in the area of Banigala but the fresh documents are now questioning the legality of his own house. The Capital Development Authority (CDA) had declared the construction of the PTI chairman's house illegal in a hearing on May 9, 2017. A report was submitted by the CDA in the Supreme Court which stated that the Authority has declared 122 buildings illegal which included Imran Khan’s Banigala residence.
According to officials, Imran Khan committed the same violations of the CDA by-laws in Banigala, for which he has sought the Supreme Court’s intervention. Imran Khan’s 300-kanal mansion is located in Margalla Hills National Park Area, which is a major and sensitive component of Zone-3 in the Islamabad Capital Territory. Imran had constructed his residence in the real estate of village Mohra Noor by violating two laws simultaneously: the Islamabad Wildlife (PPC&M) Ordinance, 1979 and the Islamabad Capital Territory (Zoning) Regulations 1992.
The residence of Imran Khan falls under the Zone-3 of the federal capital in which no private residential, farming, orchard scheme and any residential construction is allowed, whereas only old inhabitants were allowed to stay but under a controlled programme, without any expansion in their houses as per the clause ‘a-e’ of the Section 3 in Chapter-III of the Islamabad Capital Territory (Zoning) Regulations, 1992.
Besides being located inside Zone-3, Imran’s residence is also constructed in Margalla Hills National Park. The park comprises the Rawal Lake and an area within a distance of two kilometres from the highest water mark of the lake declared by SRO 443 (I) dated 28th April, 1980 issued under Section 21 of the Islamabad Wildlife (PPC&M) Ordinance, 1979.