The Supreme Court, while hearing the case of National Police Foundation (NPF) scam, has found guilty the management of NPF along with former Pakistan Muslim League-Nawaz (PML-N) legislator, Anjum Aqeel Khan.
While setting aside ‘tricky agreements,’ the court referred the matter to the National Accountability Bureau (NAB) to initiate criminal proceedings against the guilty. The NAB chairman has been asked to submit progress report within 90 days.
In the judgment of this case that the SC took up suo motu, the court observed, “It is apparent from the record that the NPF was established purely for the welfare of police officials but the officers at the helm of affairs in the Foundation allotted land worth billions of rupees at throwaway prices — that is, for Rs100 — only to the ruling elite — including generals, bureaucrats, ambassadors, close relatives of top police officials and ‘well-connected’ civilians.”
It is “necessary to initiate proceedings against Anjum Aqeel and other responsible persons,” reads the judgment authored by Justice Ijaz Ahmad Chaudhry announced on Thursday.
“It has also been established on record that the privileged ones have gobbled up everything, generously,” the judgment stated.
The court also rejected the agreement between Anjum Aqeel and the Foundation, and termed it another example of fraud with the Foundation as there is no date for finalisation and completion of project mentioned in it.
Published in The Express Tribune, November 1st, 2013.
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National Police Foundation (NFP) is located at two locations i.e. E-11 sector, and 0-9 sector (Lohi Bher).
In addition to deciding Mr. Anjum Aqeeel matter, the honorable court has also ordered that:
"All the plots, one, two or more than that which have been allotted illegally without entitlement to any person, whether police officials, employees of NPF, other government officials or the civilians, businessmen, etc or their dependents are thus cancelled forthwith," the verdict said.
The Judgment includes the list of 156 such plots along with the names of initial allottees that might be cancelled.
The issue is that the most of the initial allottees out of 156 in the list, have already sold the plots and in the consequence of cancellation of initial allotment of plots, the subsequent innocent bona fide purchasers who have purchased the plots through fourth and fifth buying/selling transaction at market rate over the period of almost two decades, can be deprived of their legal and hard earned property.
It is pertinent to mention that all the sale/purchase of plots and constructed houses were recorded in NPF on the pattern of Capital Development Authority (CDA) i.e. both buyer and seller were appeared before the director housing of NPF and transactions were recorded accordingly. Furthermore, all relevant charges including transfer fee, capital value tax etc are deposited according to law by the subsequent purchasers.
The subsequent purchasers have purchased plots for consideration at market value and most of them have constructed the houses and living there with families. Here I would like to further mention an important fact that houses were constructed after taking proper possession/title of the plots from the NPF and approval of map from NFP/CDA architects. Current owners/ subsequent purchasers in NPF O-9 sector (Lohi Bher) are from middle class and cannot at all bear this loss, which has suddenly came as a shock after the judgment. Most of them have availed bank loans to buy plot or house and hardly managing the loan installments and such houses/plots are also mortgaged with different commercial banks.
During case proceeding, neither the NPF apprised the honorable court about their rights, neither the honorable court looked into this side while cancelling the plots of initial allottees. Subsequent purchasers came to know about cancellation of plots only after the judgment, whereas, notices were issued only to original allottees for defence.
While cancelling such plots, which already have been sold by the original allotees, the original allottees would not be harmed, but the subsequent bona fide purchasers will severely suffer
Hopefully, honorable court would look into this matter in larger public interest to avert the devastation that may cause to number of innocent families