IHC to decide matter after reviewing inquiry committee’s report
Committee minutely examining everything and will determine roles of suspects
The Islamabad High Court. PHOTO: File
ISLAMABAD:
The Islamabad High Court has directed a deputy attorney general to submit the report of a committee which had been notified by the prime minister to consider regularising the multi-storey under-construction building on One Constitution Avenue.
The court is expected to decide the case after reviewing the committee’s report.
A division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani remarked that the case where several former officials of the Capital Development Authority (CDA) and owner of M/S BNP Group had been booked on charges of corruption, would be decided once the report is submitted before the court.
At the previous hearing of the case, the counsel for former CDA officials, including former CDA chairman Kamran Lashari, former member administration Shaukat Ali, former member finance Kamran Ali Qureshi, and former member estate Asad Munir, had told the court that the committee — formed by Prime Minister Shahid Khaqan Abbasi — was considering regularising the building as one of the options for compensation.
Qamar Afzal, the counsel, had said that CDA may regularise the hotel and multi-storey residential apartments — which had previously been declared as irregular and illegal by the court — and requested the bench not to decide the case till the report of the committee headed by the attorney general of Pakistan is concluded.
Afzal had maintained that the committee has sought input from CDA over a plan to regularise the lease of a multi-billion rupee plot to M/s BNP. He added that the committee was weighing different options to resolve the issue.
The bench, however, had remarked that the court would hear the BNP’s side of the story on Monday and decide the case afterwards.
During Monday’s hearing, the bench enquired from the deputy attorney general (DAG) Raja Khalid Mehmood what was the mandate and the terms of reference of the committee.
The DAG replied that the committee would minutely examine everything and try to determine the suspects and their roles in the crime. He added that earlier, the committee had to conclude its work on December 31, 2017, but later the deadline had been extended until January 31.
Earlier, the court had allowed Federal Investigation Agency (FIA) to continue its investigations into the case where the agency had booked several officials of the CDA and BNP consortium.
In the FIR, the FIA said that the official has allegedly obtained wrongful gain to the tune of Rs25 billion approximately by causing huge financial loss to the government by way of committing fraud, forgery, criminal breach of trust impersonation and misuse of official position etc.
On July 29, 2016, the CDA cancelled the 99-year lease for the 13.45-acre plot, located adjacent to the Convention Centre, which was handed over to BNP group through an auction on March 9, 2005.
A single-member bench comprising Justice Athar Minallah had dismissed BNP’s appeal against the lease termination on March 3, 2017.
Justice Minallah had declared the construction of luxury apartments on land meant for the Grand Hyatt Hotel illegal and constituted a committee headed by secretary Capital Administration and Development Division (CADD) for compensation to the affected buyers of residential apartments.
Later, PM Abbasi notified another committee which considered regularising of the project as one of the options for compensation and sought input from the CDA.
The BNP group, though, had filed an ICA against a single bench’s decision of cancelling the land lease of the OCA’s under-construction building – meant for the Grand Hyatt Hotel.
The bench would resume hearing on February 15.
Published in The Express Tribune, January 31st, 2018.
The Islamabad High Court has directed a deputy attorney general to submit the report of a committee which had been notified by the prime minister to consider regularising the multi-storey under-construction building on One Constitution Avenue.
The court is expected to decide the case after reviewing the committee’s report.
A division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani remarked that the case where several former officials of the Capital Development Authority (CDA) and owner of M/S BNP Group had been booked on charges of corruption, would be decided once the report is submitted before the court.
At the previous hearing of the case, the counsel for former CDA officials, including former CDA chairman Kamran Lashari, former member administration Shaukat Ali, former member finance Kamran Ali Qureshi, and former member estate Asad Munir, had told the court that the committee — formed by Prime Minister Shahid Khaqan Abbasi — was considering regularising the building as one of the options for compensation.
Qamar Afzal, the counsel, had said that CDA may regularise the hotel and multi-storey residential apartments — which had previously been declared as irregular and illegal by the court — and requested the bench not to decide the case till the report of the committee headed by the attorney general of Pakistan is concluded.
Afzal had maintained that the committee has sought input from CDA over a plan to regularise the lease of a multi-billion rupee plot to M/s BNP. He added that the committee was weighing different options to resolve the issue.
The bench, however, had remarked that the court would hear the BNP’s side of the story on Monday and decide the case afterwards.
During Monday’s hearing, the bench enquired from the deputy attorney general (DAG) Raja Khalid Mehmood what was the mandate and the terms of reference of the committee.
The DAG replied that the committee would minutely examine everything and try to determine the suspects and their roles in the crime. He added that earlier, the committee had to conclude its work on December 31, 2017, but later the deadline had been extended until January 31.
Earlier, the court had allowed Federal Investigation Agency (FIA) to continue its investigations into the case where the agency had booked several officials of the CDA and BNP consortium.
In the FIR, the FIA said that the official has allegedly obtained wrongful gain to the tune of Rs25 billion approximately by causing huge financial loss to the government by way of committing fraud, forgery, criminal breach of trust impersonation and misuse of official position etc.
On July 29, 2016, the CDA cancelled the 99-year lease for the 13.45-acre plot, located adjacent to the Convention Centre, which was handed over to BNP group through an auction on March 9, 2005.
A single-member bench comprising Justice Athar Minallah had dismissed BNP’s appeal against the lease termination on March 3, 2017.
Justice Minallah had declared the construction of luxury apartments on land meant for the Grand Hyatt Hotel illegal and constituted a committee headed by secretary Capital Administration and Development Division (CADD) for compensation to the affected buyers of residential apartments.
Later, PM Abbasi notified another committee which considered regularising of the project as one of the options for compensation and sought input from the CDA.
The BNP group, though, had filed an ICA against a single bench’s decision of cancelling the land lease of the OCA’s under-construction building – meant for the Grand Hyatt Hotel.
The bench would resume hearing on February 15.
Published in The Express Tribune, January 31st, 2018.