Ex-CDA chief, senior officials not to be arrested in One Constitution Avenue

IHC grants temporary relief while directing investigators to continue probe


Rizwan Shehzad April 28, 2017
PHOTO: EXPRESS

ISLAMABAD: The Islamabad High Court on Thursday restrained investigative agencies from arresting a former head and other former senior officials of the capital's civic agency for their alleged involvement in extending “undue favours” to owners of the One Constitution Avenue (OCA) building.

The court, however, allowed investigators to continue with their probe.

Former Capital Development Authority (CDA) chairman Kamran Lashari, ex-member administration Shaukat Ali, ex-member finance Kamran Ali Qureshi, and ex-member estate Asad Munir, had requested the court to stop the Federal Investigation Agency (FIA) and the National Accountability Bureau (NAB) from arresting them as they assured investigators of their cooperation.

One Constitution Avenue case: IHC conditionally allows FIA to conduct probe

Tariq Mehmood Jahangiri, the lawyer for the petitioners, argued that the court had recently stopped investigators from taking action against the builders but had allowed the FIA to probe and arrest high-ranking former officials of the CDA who dealt the auctioning of the plot for OCA, meant to be built into the Grand Hyatt Hotel.

The counsel said that former CDA officials, who had served the civic agency from 2004 to 2010, had learnt that the authorities probing alleged irregularities were trying to arrest his clients without following due course of law.

In the petition, the former CDA officials said that the civic authority had auctioned the plot in 2004 after completing all legal and codal formalities. After their tenure at the body ended, some issues arose between the CDA and lease allottees.

After issuing several notices, CDA subsequently cancelled the lease for the plot in July last year.

On March 3, Justice Athar Minallah of the IHC had dismissed all petitions challenging CDA’s move to cancel the lease.

In the verdict, Justice Minallah had noted that the officials of the civic agency were 'bending over backwards' by extending undue benefits to the company in complete disregard of regulations. As a result, the government suffered massive financial losses on the one hand while on the other it allowed the company to defraud and deceive the public who had bought flats.

One Constitution Avenue lease cancelled to grant it to blue-eyed people: Imran

On April 19, the IHC modified a previous order to conditionally allow the FIA to probe alleged corruption in the leasing process for land in the OCA case.

However, the division bench comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb barred the agencies from arresting officials of the BNP Group and flat purchasers in the case till an intra-court appeal (ICA) of BNP group is disposed of.

On Thursday, the former CDA chairman and former members pointed to those directives from the court and said that they were ready to face any inquiry or investigation as they showed apprehensions that they would be harassed and arrested.

The division bench granted relief to the petitioners. The bench, however, allowed the investigators to proceed in the case in accordance with law.

The court also issued notices to the interior ministry secretary, FIA director general and NAB chairman.

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