KARACHI: The Sindh High Court on Tuesday granted interim pre-arrest bail to former chief minister of Sindh Syed Qaim Ali Shah in an investigation launched by the National Accountability Bureau regarding alleged illegal adjustment/exchange of state land in Malir for purpose of a private project being developed by Bahria Town.

The former chief minister through his lawyer moved the court for bail after receiving a call-up notice from NAB last month asking him to appear before a joint investigation team to record his statement.

After a preliminary hearing, a two-judge bench of the SHC headed by Justice Mohammad Iqbal Kalhoro observed that without touching the merits of the case, interim pre-arrest bail was granted to the petitioner subject to a solvent surety of Rs1 million till Dec 12.

The bench asked the petitioner to join the investigation and issued notices to the special prosecutor of NAB and additional attorney general for next hearing.

The petitioner’s lawyer barrister Zamir Ghumro contended that the notice was silent as to how the former chief minister misused his authority and NAB was trying to link him with an investigation being conducted against some officials of the revenue department, the Malir Development Authority and others for alleged illegal adjustment or exchange/consolidation of thousands of acres of state land in multiple Dehs in Malir district for the purpose of development of a private project of Bahria Town.

He argued that the former chief minister exercised his authority in the alleged matter strictly in accordance with law and he was not answerable to any court of law as provided under Article 248 of the Constitution.

The counsel maintained that NAB alleged in the notice that the petitioner with the connivance of the then minister for local government (Sharjeel Memon) misused his authority and extended illegal benefits to certain individuals. However, he argued that no specific allegation or details of alleged connivance had been given in the call-up notice.

He further contended that his client neither had any connection with the chief executive officer of Bahria Town, nor had he allotted any land to the firm.

The lawyer claimed that his client was framed in the matter and the call-up notice was not only issued with mala fide intentions, but also in violation of Article 248.

The petitioner contended that NAB served the notice in order to cause his arrest and pleaded for pre-arrest bail as well as quashment of the call-up notice.

Published in Dawn, November 14th, 2018