NAB ordered to ensure IO’s presence at next hearing in Durrani case

Court approves transport minister pre-arrest bail till October 16

KARACHI: While hearing a reference pertaining to assets beyond means, filed by the National Accountability Bureau (NAB) against the Sindh Assembly Speaker Agha Siraj Durrani, the Sindh High Court (SHC) ordered the NAB to ensure the presence of the investigation officer (IO) at the next hearing and adjourned the hearing till September 24.

A two-member bench, headed by Justice Ahmed Ali Shaikh and comprising Justice Omar Sial, heard the reference on Thursday.

During the hearing, Justice Shaikh asked the NAB officer whether a call-up notice had been sent to Durrani before his arrest. On this, the NAB prosecutor informed the bench that Durrani was sent a call-up notice. Copies of the answer provided by Durrani were also submitted by the NAB to the bench.

However, Durrani's counsel argued before the court that the allegations on which his client was given a call-up notice were not mentioned in the referenced filed by the NAB. To this, Justice Shaikh replied it was obvious that more points would be raised as the investigation proceeds.

Durrani's counsel maintained that allegations of possessing assets beyond means, made against his clients, were false. He also said that allegations pertaining to the purchase of vehicles and other properties have not been proven against Durrani.

As the hearing proceeded, Justice Shaikh asked about the IO of the case. The NAB prosecutor replied that he was busy in another court proceeding.

Later, adjourning the hearing till September 24 due to the IO's absence, the court directed the NAB prosecutor to ensure his presence on the next hearing.

Pre-arrest bail

Granting pre-arrest bail to Sindh Transport Minister Syed Awais Qadir Shah, the same bench directed him to cooperate with NAB in the investigation, while hearing a plea filed by him. The petition was moved by Awais, fearing his expected arrest.

While presenting Awais's case before the court, his counsel said that NAB had launched an inquiry against Syed Khursheed Shah and had initiated an investigation against Awais and his family members. NAB authorities have written a letter to Sukkur RTV chief commissioner regarding Awais' assets, he informed the court. He said that while no call-up notice was issued to Awais, his client feared he would be arrested.

In compliance with the court's order, Awais agreed to cooperate with the NAB in the investigation and denied having any secret assets or properties. The court ordered him to deposit a bond of Rs500,000 as security for bail, approving his bail till October 16.

Illegal land allotment

The same bench also ordered the NAB officials to file a reference against the former federal minister, Kamran Michael, by October 4, while hearing his bail plea in a case pertaining to the illegal allotment of Karachi Port Trust's (KPT) land.

The counsel for Michael argued that a reference against him hadn't been filed yet and that his client was being targeted for political revenge.

Justice Shaikh observed that estate agents were found to be involved in all cases of illegal businesses. He remarked that estate agents work as facilitators for running illegal businesses and make fake documents of power of attorney. They are able to get documents worth Rs5 million made for only Rs500,000 and work very professionally, he commented.

The NAB prosecutor maintained that the reference was ready to be presented before the court but the court staff was not presenting it. The court asked him to submit a request to the NAB administrative judge if the staff was not cooperating.

During the hearing, Karachi NAB Director informed the court that Akram Javed has been appointed as the NAB deputy prosecutor.

According to NAB, Michael is responsible for the illegal allotment of three plots which resulted in a loss to the national exchequer.

Illegal sale of land

Additionally, the same bench also ordered the NAB to complete inquiry against the accused involved in the illegal sale of 308 acres of land, which was acquired for amenity purposes, within eight weeks. It was hearing the bail plea filed by the accused Abdul Ghaffar Memon and Sheikh Zahir.

As the hearing proceeded, Justice Shaikh, inquired about the money earned through illegal land allotment. The court also asked the counsel for the accused whether the amount would be returned, and did he know to whom the land belonged. The accused's counsel maintained that his clients did not allot any land illegally while informing the court that the land belonged to Baig Panhwar.

The court questioned since when had Zahir been acting as Panhwar's attorney. The court said that 100 acres of land had been allotted to Wali Bhai Rajputana Hospital by the government to help the poor.

It also asked the IO about the inquiry's progress. The IO said that the inquiry has been converted into an investigation and another month was required to complete it. On this, the court gave an eight-week-extension to complete the investigation.

Addressing Zahir, Justice Shaikh asked whether he intended to return the money earned through the illegal allotment of government land. He remarked that land, which was acquired to provide free medical treatment to the poor, was sold away. There should be a limit to the injustice done against this country and its people, he said, adding that Karachi has turned out to be a prime example of illegal allotment, sale and occupation of amenity plots.

Justice Shaikh ordered the NAB to complete the investigation against the accused within eight weeks and warned that not a single day's extension would be given to complete the investigation.

According to NAB, 308 acres of land was allotted to Panhwar and Memon, for the construction of a hospital, but the accused sold 25 acres of land through their attorney, Zahir, and began the construction of a society on the allotted land instead.

Published in The Express Tribune, September 20^th, 2019.