It’s crime to submit fake documents: SC

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar Thursday gave one week to the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan to submit his response to the court on the fake documents of his Banigala estate.

He made these remarks while heading a three-member bench hearing a suo moto case of encroachments and environmental degradation in Banigala. He said it is the job of the relevant authorities to demolish illegal constructions in the area.

Muhammad Umer, an ex-official of Union Council Bhara Kahu, had claimed in the Supreme Court the other day that the No Objection Certificate (NOC) submitted to the court by Imran Khan was never issued by the competent authority. The court gave one week to Imran to submit his response after his counsel, Babar Awan, didn’t turn up.

However, assisting the PTI panel of lawyers, Faisal Chaudhry told the court that since they had not yet received the report submitted to the court by the CDA, they should be given some time to file the reply.

Faisal Chaudhry denied that the Banigala residence had been constructed illegally. He had hardly finished when the chief justice asked him to better deliver his denial outside the court. Muhammad Umer further submitted that the NOC provided to the court dated back to 2003 when he was secretary Union Council Bhara Kahu. He said the NOC was a computerized copy whereas the union council at that time had no computer system and the work was done manually. He further claimed that the blueprint of the residence was also a fake. He said the union council had asked Imran to submit a blueprint to go ahead with construction but it was never submitted.

Muhammad Yaqoob, former chairman Union Council Bhara Kahu, verified his signatures on the NOC but said someone had got a signed paper from his office and then prepared the draft on which his real name was not written.

“As per my knowledge, Imran Khan had purchased the Banigala residence after 2002 and I neither approved the map for Khan’s house, nor issued any NOC,” he said. In his report submitted to the Supreme Court on the construction of Banigala residence, Additional Deputy Commissioner, Islamabad said although some 300 kanals of land was purchased in 2002 in Bani Gala in the name of Jemima Khan, no NOC was taken from the Ministry of Interior.

The chief justice said the court was more concerned about the public health aspect of the case. “We do not want hazardous water to be delivered to the public,” he said. He also admonished State Minister for Capital Administration and Development Division Tariq Fazal Chaudhry, who was present in the court, for claiming on the TV last night that they will go to take exam from the Supreme Court. “Which exam do you want to take from us,” Chief Justice Nisar asked Fazal. When the state minister tried to say something, the chief justice told him to have his seat.

Appearing on notice, Additional Attorney General Nayyar Rizvi informed the court that they will film the area through a drone and submit it to the court. The chief justice said Rawal Lake was totally contaminated and urgent measures were required for its purification.

“Tell us as how to remove contamination from the lake,” the chief justice asked the additional attorney general. The law officer however replied that the other day he had an extensive meeting with the attorney general who had given him some good suggestions for purification of the lake.

In the Feb 22 hearing, the court had directed the CDA to verify within a week the documents pertaining to the Banigala residence and submit a compliance report. Babar Awan had submitted the documents of Bani Gala residence to the court.

The counsel had informed the court that the NOC for construction of house was issued in 1990 by the Union Council Bhara Kahu. He had told the court that his client had paid fees for the land in 2002 besides submitting the map to the union council for construction of house on 250 acres for which the authorities had issued a certificate in 2003.

Hearing a suo moto case on dual nationality of the federal government employees, the court gave 10 days to bureaucrats to submit details pertaining to their status of dual nationality and warned of legal action if the order was not followed.

A three-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar, resumed hearing of the case. “Some of the officers have not yet provided information about their dual citizenship, but now they are given last chance to do the needful, otherwise, an appropriate legal action would be taken against them for disregarding the court order,” the chief justice noted while issuing the order.

The chief justice said if in 10 days officers do the needful, no action would be taken against them. Justice Saqib Nisar observed that it was not in the interest of Pakistan that some officers with dual citizenship were posted to highly sensitive posts.

Similarly, the government of Sindh on a court query informed that the provincial government had not yet found any information regarding dual citizenship of Rao Anwar, former SSP Malir, Karachi and the main accused in Naqeebullah Mehsud murder case. Additional Advocate General Sindh Shehryar sought some time for submitting report in this regard. The chief justice admonished the law officer for his failure to submit the report.

“Nobody should come to my court without preparation,” the chief justice remarked, adding that the officers should inform their higher authorities that the chief justice don’t want to listen to officers who come to court without preparation. The law officer submitted that most of the people are possessing Iqamas while travelling and living in the Middle East countries.

Justice Ijazul Ahsen observed that a person who visits once a year means must be having a citizenship of that country or may be his application for the citizenship under process. The court directed the Sindh advocate general to check how many times suspended Rao Anwar, an absconding accused in the Naqeebullah Mehsud murder case, travelled abroad.

Meanwhile, the court expressed dissatisfaction with the report submitted by the Secretary Establishment stating that out of some 33,000, only 204 officers are possessing dual nationalities. The Secretary Establishment suggested the court to summon the Nadra and Immigration Office officials for verification.

The court summoned the Secretary Foreign Affairs and four provincial secretaries of Services and General Administration on the next date of hearing. Earlier, the Secretary Establishment gave the breakup of details regarding different cadres of government departments. He said that in Police Department, there are 828 officers of which two have not yet submitted their reports as they are under the custody of the National Accountability Bureau (NAB). They are Tanvir Ahmed Tahir and Fida Hussain Shah,” the secretary submitted.

Similarly, he said that there are some 483 officers in the Secretariat Office Management Group of which 482 have filed their respective reports, adding that no one among them is having dual citizenship. The Secretary Establishment said that in District Management Group (DMG) out of 866 officers, 853 have filed their declaration.

The chief justice questioned whether there was any mechanism to deal with officials who concealed information about their dual citizenship. “It would be an injustice if we could not do anything in this regard,” the chief justice remarked.

In the previous hearing, the court had sought details about the issue from chief secretaries, the attorney general and the advocate general. During the hearing on February 14, the CJ himself read out the apex court and high court registrars’ reports, wherein it was stated that no official of the Supreme Court happened to be a dual national.