ISLAMABAD: Despite the recent dismissal of an appeal against the cancellation of the lease of a plot meant for the Grand Hyatt Hotel by Islamabad High Court (IHC), the CDA or and investigating agency cannot proceed against those responsible for giving an undue relaxation to the lessee.

An IHC division bench, comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, in February last year restrained the Federal Investigation Agency (FIA) from proceeding against corruption allegations in the lease deed and subsequent rescheduling of payments of the land cost in 2012 by the then CDA Board.

On July 29, 2016, the CDA cancelled the 99-year lease of the 13.45 acre plot adjacent to the Convention Centre, which was handed over to M/S BNP through an auction on March 9, 2005.

An IHC single-member bench, comprising Justice Athar Minallah, on March 3, 2017, dismissed an appeal of the BNP against the lease cancellation.

Before cancellation of the lease, the matter had also come under discussion at the Public Accounts Committee (PAC). The PAC had asked the CDA to file an FIR against the CDA Board for granting undue favour to the private firm (BNP) in 2012.

The FIA was investigating the matter till February 2016 when the IHC on a petition filed by the BNP issued the stay order against the inquiry.

The BNP in the petition cited the FIA, National Accountability Bureau (NAB) and the Ministry of Interior as respondents.

Advocate General Islamabad Mian Abdul Rauf argued the case on behalf of the respondents. Since he could not justify the FIA proceedings, the IHC issued the stay order.

The restraining order is still effective as the respondents did not file an appeal to vacate it.

A senior official of the CDA said had there been no restraining order, the FIA would have arrested over a dozen serving and former senior CDA officials.

Justice Minallah in the verdict noted that the “Authority placed on record copies of the internal official notes relating to the plot. It is a reflection of how the officials have been bending over backwards by extending undue benefits to the petitioner/company in complete disregard of the mandatory regulations, thus causing loss to the exchequer on the one hand and on the other enabling the petitioner/company to defraud and deceive members of the general public.”

Sources in the FIA said the agency would register cases against the CDA officers and directors of the BNP as soon as the stay was vacated.

When contacted, Advocate General Islamabad Mian Rauf said since the matter was sub judice he could not comment.

The court order has affected about 240 buyers of apartments being built on the plot along with the five-star hotel. The buyers included PTI Chairman Imran Khan, SBP Governor Mohammad Ashraf Wathra, Pemra Chairman Absar Alam, former CJP Nasirul Mulk, former LHC chief justice Iftikhar Hussain Chaudhry, Minister Jam Kamal Khan, former naval chief Mohammad Asif Sandila, former foreign secretary Salman Bashir, retired Lt Gen Ahsan Azhar Hayat, television celebrity Faryal Gauhar, former Pakistan Cricket Board chairman Ehsan Mani, former defence minister Ahmed Mukhtar, a son of the incumbent defence minister, Khawaja Mohammad Asad, politician Kashmala Tariq, Saqib Birjees, son of federal minister Birjees Tahir, former CDA director general Sohail Durrani, anchorperson Nasim Zehra Ikhlaq, former chief land commissioner Sajid Hotiana and Princess Shalalay Abbasi.

However, Interior Minister Chaudhry Nisar Ali Khan has said the affected buyers would be compensated.

According to the minister, a committee would be constituted for working out a mechanism in this regard.

On the other hand, the BNP said they were considering all options, including challenging the court verdict.

“Great miscarriage of justice has been caused by the order of the learned single judge. Therefore, a detailed response to each paragraph of the judgment would soon be filed in the form of ‘appeal’, which would be shared with all stakeholders,” said a statement issued by the BNP.

Published in Dawn, March 7th, 2017