ISLAMABAD: The Supreme Court on Thursday constituted a joint investigation team (JIT) comprising officials of the National Counter Terrorism Authority (Nacta), Inter-Services Intelligence (ISI) and Intelligence Bureau (IB) to probe the role of former prime minister Nawaz Sharif in the allotment of land around Pakpattan in 1986 allegedly in violation of a high court order.

An SC bench comprising Chief Justice of Pakistan Mian Saqib Nisar, Justice Ijazul Ahsan and Justice Faisal Arab resumed the hearing of the case. Barrister Zafarullah Khan appeared on behalf of Mr Sharif.

Mr Sharif had on Dec 4 appeared before the apex court and expressed certain reservations if the probe is conducted through a JIT. The SC bench had asked Mr Sharif about formation of the JIT to probe the matter.

Nawaz’s lawyer leaves it to court to assign task to any investigation agency

The former prime minister had said that inquiry methods employed by JITs were not very pleasing when the court gave him an option to pick one of four investigation bodies to identify those behind the matter after he denied that he had approved a summary some 32 years ago for allotment of 14,394-kanal land attached to the shrine of Baba Fariduddin Ganjshakar, Pakpattan Sharif, by de-notifying a 1969 notification of the Auqaf department.

When Mr Sharif denied that he had approved any such summary, the CJP allowed him to choose one of the investigation agencies namely the Anti Corruption Establishment, Punjab, Federal Investigation Agency (FIA), National Accountability Bureau (NAB) and a JIT to probe the matter.

The bench had left it to Mr Sharif to decide which investigation body be appointed to probe the matter, but remarked on a lighter note that he should not appoint his counsel Barrister Zafarullah Khan an inquiry officer since the latter had become political.

On Thursday, Barrister Khan submitted a reply to the court and said that since the court was so gracious to his client, he had left it to the bench to assign the probe to any investigation agency.

Subsequently, the court constituted the JIT which will be headed by Nacta Director General Mehar Khaliq Dad Lak and have representatives of the ISI and IB as its members. The court has empowered the investigation team to co-opt other members for assistance.

The apex court directed the investigation team to submit its terms of reference by Dec 27.

Being the chief minister of Punjab, Nawaz Sharif had in 1986 ordered withdrawing a notification of Dec 17, 1969 and allegedly allotted huge lands of Auqaf around Pakpattan to Dewan Ghulam Qutab in violation of a high court order.

In his earlier submission, Mr Sharif had requested that the notice issued to him be discharged in the interest of justice. He said that from the record as collected from the paper books submitted by the Punjab government to the Supreme Court, it transpired that the Auqaf department, Punjab, vide its notification of Jan 17, 1961 took over the administration, management and maintenance of the shrine.

Subsequently, with the approval of the then governor of Punjab, Auqaf department, Lahore, issued another notification on Dec 17, 1969 for taking over additional land that later resulted into litigation between the parties.

The reply stated that Dewan Ghulam Qutabuddin, Sajada-Nashin of the shrine of Baba Farid Ganjshakar, moved the application in June 1986 to the then prime minister through the governor of Punjab, stating therein that the disputed property taken over by the Auqaf department, Lahore, was his personal and ancestral property and, therefore, the same be returned to him. The application of Dewan Ghulam Qutabuddin was ultimately set down in the office of the Punjab chief minister.

Saad Rafique produced before SC

Meanwhile, former minister for railways Khawaja Saad Rafique was produced before the Supreme Court during the hearing of a case related to losses to Pakistan Railways.

CJP Nisar asked Mr Rafique about his lawyer Kamran Murtaza since he was not present in the courtroom.

Mr Rafique said he was not in contact with his counsel since he was in NAB custody.

Consequently, the court adjourned the hearing till Dec 26.

NAB arrested Mr Rafique and his brother Khawaja Salman Rafique in the Paragon Housing scam case a couple of days ago.

In a brief conversation with reporters while leaving the court premises, Mr Rafique said NAB’s cells were equipped with CCTV cameras, which he termed a violation of fundamental rights.

He said there was dire need to overhaul the National Accountability Ordinance.

Published in Dawn, December 14th, 2018