One Constitution Avenue case: BNP officials told to join FIA’s investigations

IHC warns stay on arrest of builders could be lifted if they do not report to investigators

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday directed officials of the BNP group to join the investigations being conducted by the Federal Investigation Agency by July 12.

A division bench, comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, directed BNP officials to report to Federal Investigation Agency (FIA) investigators otherwise the court would vacate a stay on arresting officials of the group it had previously granted in the One Constitution Avenue (OCA) case.



Previously, the IHC had conditionally allowed the FIA to continue its probe into alleged corruption in the land lease for the building on One Constitution Avenue. However, the court had barred the investigation agency from arresting officials of the BNP group till an Intra-Court Appeal (ICA) filed by the BNP group is disposed of.

The bench subsequently modified its previous order which restrained the investigation agency from proceeding against those responsible for allegedly giving undue relaxation to the lessee.

The FIA subsequently continued to probe officials of the Capital Development Authority (CDA), BNP group and others on charges of corruption.

On February 23, 2016, the division bench had issued a stay order, halting the FIA from conducting an inquiry after BNP group approached the IHC against the investigation agency.

The Deputy Attorney General Raja Khalid Mehmood complained to the court that officials of the BNP group were not appearing before investigators for over a year now citing stay orders issued by the IHC.

Noting that the suspects had travelled abroad even after registration of an FIR over the scam, Mehmood urged the court to lift its stay order.

The DAG had previously argued that the court had stopped inquiries which were not permitted under the law and requested the restrictive orders are disposed of.

The bench, however, modified its stay order, allowing investigators to continue their work, but restrained them from arresting the petitioners.

Meanwhile, the BNP group has filed an ICA against the single bench’s decision cancelling the land lease of OCA’s under-construction building meant for the Grand Hyatt Hotel.



On July 29, 2016, the CDA had cancelled the 99-year lease of the 13.45 acres plot located next to the Convention Centre. The plot had been leased by BNP through an auction on March 9, 2005.

A single-member bench comprising Justice Athar Minallah, however, dismissed BNP’s appeal against the lease termination on March 3, 2017. Following the decision, Interior Minister Chaudhry Nisar Ali Khan directed the FIA and the office of Advocate General to approach the IHC to convince the courts to allow them to continue their investigations into the alleged corruption.

Contempt petition

Moreover, the BNP group’s CEO Abdul Hafeez Sheikh had recently filed a petition in the IHC seeking initiation of contempt of court proceedings against FIA officials for allegedly violating court orders by registering an FIR against BNP officials.

Sheikh’s counsel argued that the FIR went beyond actions permitted by the court in conducting the inquiry. Moreover, the lawyer argued that the FIR was tantamount to coercive and adverse action against the petitioner, including Sheikh.

Sheikh had alleged that the FIR was registered simply on the dictates of certain ‘influential people’, adding that the lease deed of the plot was also cancelled on the urging of FIA.

Following the hearing, the court adjourned the case till September 12.

Published in The Express Tribune, July 6^th, 2017.