KARACHI: The anti-corruption police on Monday arrested former director general of the Sindh Building Control Authority (SBCA) Manzoor Qadir Kaka and ex-Jamshed Town mukhtiarkar Khair Muhammad Dahiri after a court revoked their pre-arrest interim bail in the Nasla Tower case.

Kaka, who has recently returned to the country from Canada, got pre-arrest bail by the provincial anti-corruption court.

On Monday, both Kaka and Dahiri appeared in court to seek confirmation of their bail before arrest granted to them on July 13 and 26, respectively.

However, Judge Muhammad Ahsan Khan Durrani dismissed their bail pleas and ordered the anti-corruption police to arrest them.

Later, the duo was sent to prison on judicial remand.

Court sends suspects Kaka and former Jamshed Town mukhtiarkar Dahiri to prison on judicial remand

The judge asked the prosecution to supply copies of documentary evidence under Section 265-C of the Criminal Procedure Code to the suspects before the next date when they would be indicted.

In its order, the court noted that Kaka was the chief of the SBCA and from perusal of the record, it appeared that under his command the team of other officials/accused without forwarding a letter and on incomplete title documents had held a presentation for approval of the transfer of property (TP) no-objection certificate on Feb 28, 2013, and issued the TP NOC, thereby facilitated the builder in getting approval of the building plan of the 15-storey Nasla Tower illegally.

“Since, he was head of the department; he was supposed to refer the matter for proper procedure prior to its presentation for approval of T.P NOC and issuance of T.P NOC. It was not possible without his consent and an active role in such process; therefore, he too, remained with distinctive role in the whole process,” the judge stated in the order.

Defence counsel argued that the area fell within the administrative control of the Sindh Muslim Cooperative Housing Society (SMCHS); therefore, the SBCA had nothing to do with all the documentary process of lease etc.

State prosecutor Sharfuddin Kanhar submitted that the documentary evidence available with the prosecution clearly showed that with the signature of then DG Kaka, the approved area of 780 square yards was extended to 1,121 square yards on the basis of TP NOC and he was the signatory of the document.

“This reveals that the role of the applicant/accused, being team leader of the SBCA officials, remained distinctive in the whole proceedings; therefore, he cannot be given the treatment of pre-arrest bail,” he argued.

The judge said both the applicants remained fugitives for a long time and they were declared proclaimed offenders by the court after completing necessary legal formalities.

Defence counsel pleaded the judge to condone the absence of their clients during the trial, arguing that they were ill and remained under treatment in the country and in Canada and also produced relevant documents to support their plea.

While overruling such arguments for having no inspiring force, the judge ruled: “At the stage of pre-arrest bail, since it appeared quite clear from the record that several non-bailable warrants were repeatedly issued by the court and process of their proclamation was completed under Sections 87 and 88 of the Criminal Procedure Code, none of both came forward or intimated the IO about their inability to join the investigation.”

Finding the medical documentary evidence as unsatisfactory, the judge observed that it seemed to avoid investigation and the applicants came forward after 15 co-accused had obtained bail to avail the same remedy on the principle of consistency.

The judge concluded that Manzoor Qadir Kaka being the head of the SBCA team and Khair Muhammad Dahiri being mukhtiarkar of Jamshed Town with alleged role of making entry in the land record “cannot be given the benefit of principle of rule of consistency”.

“It is very surprising to see that tentatively both of them remained quiet during the period of their proclamation and not bothered to contact the IO,” the judge remarked.

Earlier in March, the court had indicted 18 people, including then SBCA officers and office-bearers of the SMCHS.

The 15-storey commercial-cum-residential Nasla Tower on Sharea Faisal was demolished on the directives of the Supreme Court for having been built in violation of laws.

The building’s land owner, Abdul Qadir (who passed away during pendency of the trial), the project’s builders, former DG SBCA Qadir, SMCHS officials, master plan department director and deputy director, their subordinates and those of other departments have been booked for illegal construction of Nasla Tower by occupying 341 sq-yards of a service road along Sharea Faisal.

Published in Dawn, Aug 1st, 2023