Bahria Town implementation case: Non-cooperation irks apex court

ISLAMABAD: The Supreme Court (SC) Monday expressed anger over National Accountability Bureau (NAB), Pakistan Space and Upper Atmosphere Research Commission (Suparco) and the administration of Bahria Town for non-cooperation over implementing a ruling of the apex court.

The court also summoned DG NAB Karachi, prosecutor general NAB and DG Suparco on the next date of hearing. The court further directed that NAB had to submit its report regarding its investigation into the case on the next date of hearing.

A three-member SC bench, headed by Justice Azmat Saeed, hearing the case of Bahria Town implementation bench, Monday warned the respondents that the judges were "about to lose their temperament". Last month, the apex court had set aside Bahria Town's review petition against its May 4, 2018 verdict, in which the court had declared that the total area of land acquired by the real estate company in Takht Pari, Rawalpindi, was 2,210 acres and not 1,741 acres, as claimed by the developers.

The court had also dismissed the petition, noting that the matter of action against those responsible for the encroachments will be dealt with by an implementation bench of the court.

On Monday, the bench directed NAB to ensure progress through its actions. Justice Azmat Saeed asked NAB prosecutor that why did not they submit any report regarding the irregularities of the Bahria Town? “Why you failed to follow the orders of the apex court,” he asked the NAB prosecutor. “You had been given a timeframe of three months, but there has been no development so far," Justice Saeed further asked.

The NAB prosecutor pleaded that this was not the case. Upon which the bench responded that it was very much clear that no cooperation had been shown on the part of NAB. The bench further noted that a separate joint investigation team has completed its investigations into the Bahria Town case in Karachi, but still, the accountability watchdog did nothing. They asked NAB prosecutor that why not a contempt of court proceedings be started against NAB for non-compliance of the court orders?

The Bench further observed that a similar notice for contempt of court be issued to the Suparco for its failure in complying with the court orders.

Justice Azmat Saeed said that he knows that the director general of Suparco is a major general and ordered him to appear before the court on the next hearing. He noted that the state institutions were not working in the ambit of law. "Even if someone is facing an issue, he is not ready to reveal it," the judge observed.

He asked the counsel for Bahria Town, Barrister Ali Zaffar, to tell his client to cooperate with the court in his own interest. He observed that Malik Riaz will be held responsible for the rights of allottees if they were affected. The hearing of the case will now resume on Wednesday.