close
Tuesday March 19, 2024

Ex-CM Sindh granted pre-arrest bail in illegal adjustment of land case

By Jamal Khurshid
November 14, 2018

KARACHI: The Sindh High Court on Tuesday granted interim pre-arrest bail to former chief minister Sindh Syed Qaim Ali Shah in illegal adjustment and consolidation of thousands acres of land in the Malir district.

Syed Qaim Ali Shah moved the SHC for obtaining pre-arrest bail following a NAB's call-up notice in connection with pending investigation about illegal adjustment and consolidation of thousands acres of government land in Malir district.

The petitioner's counsel, Barrister Zamir Ghumro, submitted that the former chief minister granted land to the Malir Development Authority under a policy for incremental housing under the law.

He submitted that lands were similarly granted to the Karachi Development Authority, Lyari Development Authority and Sehwan Development Authority as well as the Hyderabad Development Authority on rates fixed by the government after every three years.

He contended that the former chief minister exercised his constitutional authority in good faith and for public purpose and for such acts he was protected under Article 248 of the Constitution.

The petitioner's counsel submitted that Syed Qaim Ali Shah exercised these powers under Section 10A of the Colonisation and Disposal of government Lands Act. He submitted that the former CM exercised lawful authority and there's no question of misuse of authority nor any financial gain.

The counsel for Qaim Ali Shah argued that NAB is investigating the exchange of land by the Malir Development Authority (MDA) whereas the MDA had paid full amount for the land to the Sindh government and the chief minister had no connection with the subsidiary matters. He had granted the land to the MDA under a government policy and the land granted to KDA, HDA or DHA has been used or exchanged by them under their own laws and the chief minister never approved or sanctioned such transactions.

The counsel requested the court to quash the call-up notice and proceedings and grant protective bail so the petitioner could submit his point of view before the NAB as there was apprehension that he may be arrested by NAB on pretext of inquiry.

The SHC’s division bench, headed by Justice Mohammad Iqbal Kalhoro, issued a notice to the NAB and in meantime granted pre-arrest interim bail to the petitioner with surety of Rs.one million. The court directed the petitioner to join the investigation and cooperate with the investigation officer.