LAHORE: In a reply filed with the Lahore High Court on a petition for the release of Jang Group Editor-in-Chief Mir Shakilur Rehman in a 34-year-old land transaction case, the National Accountability Bureau (NAB) has said that there is no legal infirmity or any jurisdictional defect that can justify judicial interference at this stage of the proceedings.

“The bureau is conducting the instant proceedings strictly in accordance with law and the case is under probe and in these circumstances a writ cannot be issued to throttle the ongoing process,” states the eight-page reply submitted on behalf of the NAB.

A two-judge bench will resume its hearing into the matter on Thursday (today).

The bureau, in its reply, argued that the grant of relief sought in the petition will nullify the provision of Section 9(b) of National Accountability Ordinance 1999 and make it redundant and meaningless. It said the petition had been filed with ulterior motives and aimed at frustrating and hampering the process of law.

About the alleged illegalities in the land transaction, the NAB explained that according to Clause C(11) of Exemption Policy formulated for M.A Johar Town, Hidayat Ali and others were entitled to exemption of maximum 15 plots measuring one kanal each and the rest of their entitlement was to be met through allocation of plots of lower category -- 12, seven, five and three marlas.

However, in this case, suspect Mir Shakilur Rehman, being general attorney of Hidayat Ali and others, was given 54 plots of exemption measuring one kanal each in a compact form in a single block, which is illegal and against the Exemption Policy.

The NAB stated that the exemption policy of Johar Town envisaged that every effort would be made to allocate a plot or plots to the exemptee on or around the land acquired from him.

However, it stated, no such effort was made by the Lahore Development Authority (LDA) in the instant case rather a valuable piece of land comprising 54 plots of one kanal each situated on the canal bank was given to the suspect in violation of law and the policy.

The land holding of Hidayat Ali and others measuring 180 kanal and 18 marla was in form of pockets situated in three different locations. Only 33 kanal of their land was located on the canal road and rest of the two pockets measuring 124 kanal and 23 kanal were located away from the canal.

The bureau further alleged that the land of two streets was also illegally given to Mr Rehman to merge the 54 plots into a bigger plot against the layout plan. It noted that the then LDA director general had mentioned in a summary to the then chief minister Nawaz Sharif that this proposal could be treated as a special case and was not to be quoted as precedent.

The reply stated that the suspect sold the 54 exempted plots to his wife and children through a sale deed in 1986 and, later in 1998, the family members transferred the land back to the suspect as a gift.

It said the suspect failed to justify the whole illegal act during his appearances before the investigation team when he was also given a questionnaire. It argued that the arrest warrant of the suspect was issued by the NAB chairman lawfully and after authorisation of inquiry.

The NAB asked the court to dismiss the petition for being non-maintainable.

Published in Dawn, April 2nd, 2020