Poor not getting basic facilities due to massive corruption: SHC

The Sindh High Court (SHC) has observed that massive corruption is not allowing the poor segments of society to have access to the basic facilities of life, and hence, they are not able to live peaceful and honourable lives, contrary to what has been envisaged by the constitution of the country.

The SHC made these remarks while dismissing the appeal of revenue department officials against their conviction in a case pertaining to fraudulent sale of 237 acres of government land in Taluka Thana Bola Khan, Jamshoro.

A division bench of the high court headed by Justice Mohammad Iqbal Kalhoro and comprising Justice Shamsuddin Abbasi observed that a majority of the children could not go to school as their parents were not able to afford their education expenses and the same was the problem in the health care sector for the poor due to massive unchecked corruption.

The high court observed that courts in the past had extended lenient treatment to the accused involved in corruption cases but now corruption was cutting the very roots of the economy of the country. The bench observed that at the time when corruption had become a norm, it became a primary obligation of courts to contain that evil monster which would ultimately be a threat to the very survival of the state.

The SHC observed that the homeland had been not gifted to us but millions of lives were sacrificed in achieving independence for a better and honourable lifestyle so that every citizen whether they belonged to majority or minority would be entitled to equal rights.

The high court observed that the nation was yet to realise the dream of being a welfare state, and if massive corruption was allowed to go unchecked, we would remain unable to drop from our hands the begging bowls.

The bench observed that in view of the globalization, the independence of a country was mainly dependent on a sound economy. It observed that the courts had to apply strict standards in the larger interest of the state, showing zero tolerance for corruption, and the people involved in such type of crimes whose guilt was well established should get the maximum penalty.

Revenue department officials Asadullah Solangi and Ali Akbar Parhiar were sentenced to 10 years in prison with a fine of Rs1 million each after an accountability court had found them guilty of a fraudulent sale of 237 acres of government land in Deh Babar Bund, Taluka Thana Bola Khan in Jamshoro.

The National Accountability Bureau had alleged that the appellants along with private respondents in connivance with each other caused a loss of Rs9.5 million to the national exchequer by grabbing 237 acres of precious land of the government through manipulation, tampering the record and fabrication of documents.

Counsels for the appellants submitted that the prosecution had failed to produce any iota of evidence against the appellants to substantiate their involvement in the commission of the offence. The lawyers submitted that the investigation officer had conducted a dishonest investigation and implicated the appellants in a case with which they had no connection while releasing the real culprits who were actual beneficiaries of the transaction.

The counsels argued that the land entry was kept on record in due compliance with the registered sale deed in view of the Supreme Court’s judgment that dictated that Mukhtiarkars could not refuse the entry of a registered sale deed in the revenue record.

The bench was told that the trial court did not appreciate the evidence in line with the applicable law and surrounding circumstances, and based its findings on misreading and non-reading of evidence. The counsels sought acquittal of the appellants.

A NAB special prosecutor contended that the appellants in their official capacity had misused their authority and extended undue favour to other co-accused in respect of the government land for personal gains and caused a colossal loss to the national exchequer.

After hearing the arguments, the SHC observed that three private co-accused entered into plea bargain and voluntarily paid Rs1.75 million each towards illegal gains earned by them along with a fine of Rs500,000 imposed on each by the court in their respective appeals.

The high court observed that the appellants, being holder of public office and custodian of state assets, had failed to discharge their duties honestly and diligently but they also facilitated corrupt practices by way of negligence.

The bench observed that the appellants in connivance with others aided and abetted private accused persons in usurping the government land, causing a colossal loss to the national exchequer. The high court observed that the prosecution had proved its case against the appellants beyond a shadow of a doubt, and dismissed their appeals terming them being devoid of any merit.