Shakarparian Cultural Complex case: AC verdict finds no specific illegal gains, monetary benefits

ISLAMABAD: In a verdict announced by Accountability Court (AC) Judge Muhammad Azam Khan regarding the stoppage of Cultural Complex Shakarparian project, Islamabad, the court held that “there is no specific allegation of illegal gain in the shape of monetary or other material benefit.”

The court also held that under the amendment to NAB Ordinance 1999, any case pertaining to alleged misuse of authority does not fall under the jurisdiction of NAB court. “In the light of National Accountability (Second and Third) amendments ordinance 2021 this court has got no jurisdiction to try the instant reference which is returned back to Chairman/ DG NAB”, the judgment reads.

As per case details, NAB had arrested former secretary and CDA chairman Imtiaz Inayat Elahi and Member Finance Saeed Ur Rahman in March 2018 and projected it as a Rs431m corruption case. In early April 2018, the Islamabad High Court admitted their post-arrest bail and revealed the following facts in the bail order:

“As chairman of the CDA in 2009, Imtiaz Elahi ordered the stoppage of construction of a cultural centre near Zero Point. He found that the project was ill-conceived, wasn’t backed by a feasibility study and environmental impact assessment, wouldn’t be financially sustainable as there already existed under-utilised auditoriums and conference rooms in other facilities and the CDA’s funds could be better prioritised. He ordered that the project scope be rationalised and reduced to make it financially sustainable.”

The IHC order further states: “NAB authorities conceded before the court that there is no allegation of pecuniary advantage, bribe, illegal gratification against the petitioners or causing any loss to public exchequer with motivation to favour any person or make any grant or concession to any other person as defined in Section 9 of the NAB Ordinance 1999”.

NAB later appealed against the IHC decision to grant bail to the petitioner which was recently dismissed by the Supreme Court in the preliminary stage holding that “they have gone through the impugned order which is well reasoned, thus, no interference is called for by this Court”.

“It begs the question that in case of no allegation of corruption by NAB authorities why such a drastic step of the arrest of senior bureaucrats was taken whereas in scores of other cases with serious allegations only references were filed with no arrest.”