ISLAMABAD, Dec 14: The National Accountability Bureau is not interested in pursuing corruption cases instituted by previous governments, the bureau's lawyer has told the Supreme Court.
Standing counsel for the NAB Ibrahim Satti told a five-member bench hearing an appeal filed by owners of the Prince Avenue building in Karachi that since the case had been instituted under the Ehtesab Act during the Nawaz Sharif government, the case should be defended by the office of the attorney-general instead of the NAB. He was asked by the bench about action taken against government functionaries involved in the case.
Justice Sardar Muhammad Raza Khan and Justice Khalilur Rehman Ramday after hearing the NAB's policy observed that it seemed that the government was not interested in eliminating corruption but in targeting selected persons only.
However, after NAB's statement, the bench by a majority of four to one acquitted Mohammad Shabbir, a partner in the Lakhani Construction Company, by setting aside an earlier order of the Sindh High Court which had convicted Shabbir and awarded a three-year jail term.
A senior officer of the Karachi Building Control Authority was also directed by the Supreme Court to provide relevant records of the building on Wednesday (Dec 15) by 11am to help ascertain whether the building had been regularized, besides determining the amount recoverable from the builders under penalties for over-construction.
Deputy Attorney General Nasir Saeed Sheikh, who represented the federation, informed the KBCA management about the court's order. Justice Sardar Muhammad Raza Khan announced the short order in the case and observed that it was a majority decision. Detailed reasons, he said, would be recorded later.
The case involved over-construction by five storeys of a building called Prince Avenue in the Garden West in Karachi. The builders were allowed to construct a six-storey building - the basement, ground floor plus four storeys.
Instead, the builders converted the building into a high-rise by raising it to 11 storeys. Instead of seeking permission from the KBCA, the builders sought exemption from the Karachi town planning authorities.
Fearing demolition of the building by the KBCA, the builders allegedly approached former legislator from Sindh Muhammad Buzdar and managed to get an executive order from former chief minister Sindh Abdullah Shah in their favour. The chief minister later absconded.
Senior counsel Fakhruddin G. Ibrahim, appearing on behalf of the builders, also cited an ordinance promulgated in 2002 under which different buildings with construction irregularities were regularized after payment of penalties. The building, he said, was also regularized under the same law.
The larger bench, led by Justice Sardar Muhammad Raza Khan, comprised Justice Khalilur Rehman Ramday, Justice Faqir Muhammad Khokhar, Justice M. Javed Buttar, and Justice Tassaduq Hussain Jillani.
