Illegal allotment case: SHC restrains NAB from arresting SBCA, MDA’s ex-DGs, others

The Sindh High Court restrained the National Accountability Bureau from arresting a former secretary land, ex-directors general of the Sindh Building Control Authority and the Malir Development Authority and a deputy commissioner in 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 and Mohammad Sohail had been booked by NAB in a fresh reference in which they were included as co-accused along with the private builder, government revenue officials and others pertaining to illegal conversion, exchange of 17,671 acres and causing losses to the 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 accountability court has no jurisdiction to try the case following the amendment in the NAB law and requested the court to restrain NAB from taking any coercive action against them till a decision of the petitions.

A division bench headed by Justice Mohammad Karim Khan Agha after preliminary hearing of the petition ordered that the petitioners shall not be arrested until the next date of hearing against furnishing a surety of Rs100,000 each to the satisfaction of the Nazir.

The court also ordered that the trial court shall proceed against all other persons in the reference in accordance with the law until such time the jurisdiction issue is decided by the court. The court also issued notices to federal law officer, special prosecutor of NAB and others and called their comments on March 5.

Former chief minister Syed Qaim Ali Shah and provincial information and transport minister Sharjeel Inam Memon has obtained interim restraining order in the matter from the court. NAB had filed reference against 33 persons including former managing director Malir Development Authority, former Sindh Building Control Authority director general, former deputy commissioner of Malir and other revenue officials.