PESHAWAR: In a surprising move, the Anti-Corruption Establishment Khyber Pakhtunkhwa has summoned senior Pakistan Tehreek-i-Insaf leader and MNA Mohammad Atif Khan as part of its inquiry into the much-publicised Malam Jabba land lease case, which has already been closed by the National Accountability Bureau three years ago.

A call-up notice was issued to Mr Atif, a former provincial minister, by the head of the ACE’s special investigation wing, asking him to appear before the inquiry officer on Nov 12 for recording statement under Section 161 of the Code of Criminal procedure and Rule 3(2) of the ACE Rules.

The notice, issued on Oct 31, said that a complaint from the year 2018 had been under investigation about allegations of corruption and misuse of authority in Malam Jabba Project (Samson Group of Companies).

As the move gives credence to the reports about wrangling in the PTI, Mr Atif said that it was known to all why and at whose behest, the notice was issued by his party’s government in the province.

“The Malam Jabba case was closed by the NAB. Whoever is doing this is damaging the party as well as Imran Khan,” the lawmaker said in an audio message and apost on social media forum, X (formerly Twitter).

“This is our province and our party and I won’t remain silent over such acts damaging it,” he said.

He said the Malam Jabba deal had taken place in 2014 when he was neither the chief minister nor the tourism minister.

With the matter lingering on for many years, an accountability court accepted on Nov 2, 2021, a NAB plea to close investigation against former chief minister Pervez Khattak and several officials in the case of leasing of government land in Malam Jabba, Swat, in 2014.

The NAB had claimed that no evidence of corruption could be traced in the matter.

In the application, the NAB said that investigation was started against the then chief minister of KP, Pervez Khattak, former additional chief secretary (planning and development) Khalid Pervez, then managing director of Tourism Corporation Khyber Pakhtunkhwa (TCKP), Mushtaq Khan and others regarding alleged illegal leasing of 275 acres of state forest land in Malam Jabba to Samsons Group of Companies.

It added that it was satisfied that no prima facie criminal case was made out against the accused under the provisions of National Accountability Ordinance (NAO) and therefore, the matter was being referred to the accountability court for approval of closure of investigation against those people.

The allegations in the investigation included the illegal lease of forest land measuring 275 acres; extension of lease period from 15 to 33 years by the chief minister; and irregularities in awarding of contract/ bidding process.

“In view of the facts and circumstances coupled with record made available, the request of the NAB for closure of the investigation is prima facie valid and genuine to the extent of award of contract with regard to its irregularities followed by its rectifications accordingly, as such, exercising jurisdiction under Section 9(c) NAO 1999 read with Section 18(d) of NAO, the request so floated is allowed accordingly,” the accountability court had ruled.

The court observed that the matter regarding illegal lease of forest land had been disposed of by the Peshawar High Court in its order on Oct 1, 2020, by directing the KP additional chief secretary to immediately submit the report of a committee, already notified by the provincial government on June 25, 2018, to settle the dispute of ownership and title of 270 acres of forest land.

The court observed that the committee gave its findings in a report, which was approved by the provincial cabinet on Dec 28, 2020, according to which the tourism department was the rightful owner of the said land and not the forest department and the land in question was federal land and was given prior to merger of Swat state in Pakistan.

The report also provided that prima facie the entry in the revenue record was erroneous.

The court further mentioned that the matter had been resolved and the subject land had been de-notified.

“Similarly, the lease period has also been approved by the Cabinet from 15 to 33 years, as such, ex-post facto sanction was granted,” the judge observed.

He added that the issue had also been thoroughly examined by the NAB in its executive board meeting and it had been expressed that the malice and mala fide intent had not been surfaced in the grant of subject lease and allied matters.

The issue also remained pending with the high court in the form of petitions, with the NAB adopting the same stand it had before the accountability court.

Published in Dawn, November 2nd, 2024