KARACHI: Plea of former KBCA chief in corruption case rejected
By Ali Hazrat Bacha
KARACHI, Sept 22: The Special Anti-Corruption Judge, Karachi, Syed Gul Munir Shah, on Saturday rejected the application of former controller of the Karachi Building Control Authority (KBCA) Brig (Retd) A.S. Nasir for cancellation of a corruption case against him.
The application was moved on June 16, 2007. The judge, after hearing the arguments from both the defence and state’s counsel, observed that the application was not maintainable.
The accused had filed another such application under Section 249-A of the Criminal Procedure Code (power of magistrate to acquit accused at any stage), which was already rejected on March 17, 2007.
The court observed that the references given in the application were irrelevant and meant only to prolong the matter.
It was stated that the application was moved under wrong provision of the law and was rejected. The court had indicted six persons on Sept 15 who had pleaded not guilty and opted to contest the case.
The other accused is owner of Gul Plaza, Gul Mohammad Khanani. The co-accused are senior building controller Ali Zafar Qadri, town building control officer Syed Mehmood Ali, district controller buildings Abdul Rehman Ansari and assistant controller buildings Ahsan.
They were charged under Pakistan Penal Code Sections 161 (public servant taking gratification other than legal remuneration in respect of an official act), 162 (taking gratification, in order, by corrupt or illegal means, to influence public servant), 163 (taking gratification, for exercise of personal influence with public servant), 409 (criminal breach of trust by public servant or by banker, merchant or agent), 419 (punishment for cheating by personation), 420 (cheating and dishonestly inducing of property), 468 (forgery for purpose of cheating) and 471/34 (using as genuine a forged document) read with Section 5(2) of the Provision of Corruption Act, 1947.
The charge related to plot PR-I/32, Preedy Quarters, Karachi, now a big centre of imported items.
The former KBCA chief and four officials of the division concerned were charged with their complicity with the owner in allowing him to use an area reserved for car parking to construct shops.
According to the prosecution, the approval that they had given was contrary to the provision of Section 5-C of the Sindh Regularization Control Ordinance, 2002.
They were charged with processing and approving the building plan by employing corrupt means and abusing their position as public servants by illegally favouring the owner allegedly for millions of rupees.
The court fixed Oct 20 as the next date for the hearing and directed the prosecutors to produce evidence against the accused.
