Additional Advocate General Qasim Chohan has submitted a compliance report to the Supreme Court on behalf of the Anti Corruption Department's inquiry team.
According to the report, the department has approved registration of a case against officials/officers and CEOs for allegedly committing illegalities and irregularities in the establishment of three cement factories. "Role of responsible officers and officials will be determined during the investigation," it said.
Attached with compliance report is a copy of the FIR, which is registered under section 109, 409, 420, 167 of the Pakistan Penal Code (PPC) read with section 5 (2) 47 PCA at a Lahore police station.
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The FIR is registered against 15 individuals also including industries department former secretary Major (retd) Fayyaz, former secretary environment Iqbal Sheikh, then director environment Ahmad Nadeem, Chakwal former DCO Azam Saleem, Chakwal former district nazim Ghulam Abbas, former tehsil nazim Hafeezur Rehman and Kalarkahar former tehsil nazim Peer Sajid Karooli etc.
A Joint Investigation Team (JIT) at the Anti-Corruption Establishment is doing investigation into the case which will be finalised purely on merit and in accordance with law, said the report.
Meanwhile, a Supreme Court bench on Wednesday rejected Mansha plea against the JIT findings.
Mansha's DG Khan Cement Factory through its counsel filed an application, claiming that the applicant was not involved in the said purported inquiry proceedings nor a single letter/notice requiring any document or information was received by the applicant.
"However, from the media reporting of October 15, 2018 as well as October 16, 2018, it appears that a purported report containing adverse allegations and inferences against the applicant and its CEO has been submitted before this honourable court. The purported inquiry report has not been made available to the applicant till the filing of the instant application," said the application.
The application said it is a cardinal principle that any inquiry and action which may prejudicially affect any person should and must not be undertaken without providing the person concerned with an opportunity of hearing and presenting its stance.
"It is, with utmost respect, submitted that no such opportunity was provided to the applicant or its CEO or any other official, which is one of the most well reputed corporate organisations working in Pakistan.
"All actions with respect to the setting up of the Kalar Kahar Factory of the applicant were undertaken strictly in accordance with law applicable at the point in time and are duly documented.
"However, one-sided report prepared by the Anti-Corruption Establishment has been made basis of media trial of the applicant and its CEO causing irreparable loss to their repute," it added.
The applicant requested the bench to direct Anti-Corruption Establishment to call for any information, documents and clarification it requires from the applicant in writing before proceeding any further.
The special JIT had earlier noted that "serious lapses/ illegalities/ irregularities have been committed by different departments in the process of setting up cement factories and favouritism was extended to the proponents – DG Khan Cement factory and Bestway Cement factories."
It had also proposed criminal action/imposition of fine/penalty and recovery against the DG Khan Cement Factory CEO Raza Mansha and the Bestway Cement Factory CEO Zameer Ahmad
The apex court on September 14 ordered an inquiry to ascertain whether lapses occurred or favouritism was shown by the concerned officers of the Industry Department during setting up of three cement industries in the Kalar Kahar area during the era of General Pervez Musharraf.
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