Ashiana-i-Iqbal reference: LHC orders AC to conclude trial in four months

LAHORE: The Lahore High Court has ordered an accountability court to conclude within four months the trial of the Punjab Ashiana-i-Iqbal Housing Scheme reference involving Leader of Opposition in National Assembly Shahbaz Sharif, former director general of Lahore Development Authority (LDA) Ahad Khan Cheema and others.

A detailed order by a two-judge bench passed on bail petitions of two suspects Cheema and Shahid Shafiq holds that material available on record connects the petitioners with commission of the alleged offence, therefore, they do not deserve to be released on bail. In this case, the LHC had on Feb 14, 2019 granted post-arrest bail to Shahbaz Sharif and former principal secretary to prime minister Fawad Hassan Fawad. The bench comprising Justice Sardar Ahmad Naeem and Justice Farooq Haider, through a short order on April 13, had denied post-arrest bail to Cheema and Shafiq in the Ashiana reference.

The bench in its detailed 16-page order observed that the case is related to white collar crimes which are usually committed in a planned manner by well-organized persons. The order stated that in such cases, documents are generated prior to or during the commission of that offence which is essential and normally make up the major part of evidence. “The record suggested that they (Cheema and Shafiq) facilitated each other to obtain pecuniary advantage within the meaning of Section 9 of the National Accountability Ordinance 1999,” maintained the bench. The order said it is imperative for a suspect to show that he has no nexus with crime even if material collected by prosecution is tentatively taken as correct.

“On the other hand, the available record suggests that the petitioner Ahad Khan Cheema was key player and as the documentation was his domain so he managed the award of contract to his co-accused i.e. the petitioner Muhammad Shafiq,” the order said. The bench also rejected argument of severe hardship taken by the defence for the grant of bail, saying that the record shows that the trial hearing has often been adjourned on the request of the petitioners and delay could not be attributed to the prosecution alone. The bench ruled that the petitioners have been specifically named and assigned specific role as perpetrators of the crime. The statement of the prosecution witnesses recorded during the investigation can validly be taken into consideration at this stage.

“There is sufficient material to believe that the petitioners are linked with the offences and one of the charges is causing huge loss to the public exchequer, therefore, it was not an ordinary offence,” the order said. Dismissing the bail petitions being meritless, the bench directed the trial court to conclude the trial within four months.