ISLAMABAD, Jan 20: An accountability court on Monday admitted an application of a co-accused in the church property case directing the authorities concerned not to arrest him during the pendency of the case subject to furnishing of a bank guarantee of Rs1 million, a personal bond of the same amount in addition to a surety bond.

Abdul Naeem Khan, the co-accused in the church property case, has submitted an application under Section 91 of the CrPC, asking the court to direct the authorities not to arrest him and in response he would ensure his presence before the court in every proceedings.

Judge Mumtaz Hussain Shah of the accountability court no 1, however, made it clear that if he failed to appear before the court during the hearing of the reference, the sureties, he had furnished would stand forfeited. After accepting the application, the court adjourned the hearing for February 3.

The court has already declared Chaudhry Mohammad Abbas, the main accused in the case as a proclaimed offender.

There are 10 co-accused in the reference including Padri Sharif Alam, Qazi Naeem Ahmad, Abdul Naeem Khan, Abdul Hayee Qamar, Raja Zahid Hussain, Mohammad Amin, Abdul Ghafoor, Mohammad Ali and Elder Francis Hayat. The rest of the accused were already on bail granted by the Lahore High Court Rawalpindi Bench.

The prosecution is holding Chaudhry Mohammad Abbas, the brother of former Punjab minister for cooperatives Chaudhry Riaz, responsible for illegally transferring the lease rights of the church property no 152, situated in Rawalpindi Cantt, in his favour and causing loss to the state exchequer in collusion and connivance with the rest of the co-accused. The reference stated that the transaction also deprived the army authorities to exercise their legal right of veto against such sale which they enjoyed under terms and conditions of the lease deed and the Military Land and Cantonment Rules.

The reference stated that a fictitious power of attorney was issued in favour of Chaudhry Abbas, purportedly on behalf of Synods of the United Church of Pakistan, when this organization was neither a legal representative nor had any concern over with the church property. The property was held on lease by the United Presbyterian Church of America.

Padri Sharif Alam allegedly issued a special power of attorney in favour of Chaudhry Abbas, in violation of the terms and conditions of the lease agreement. Chaudhry Abbas later submitted an application to the Military Estate office, Rawalpindi on the basis of this power of attorney for the transfer of the lease hold right by way of sale of the property in his favour.

The accused also requested the office for the issuance of a non-objection certificate (NoC) as per terms and conditions of the lease agreement. The NoC was necessary for transfer of the property.

The reference alleged that due to deliberate manoeuvring and to extend undue benefit to Chaudhry Abbas, the necessary documents were never dispatched to the Directorate Quarter Master General Branch, GHQ, Rawalpindi for seeking NoC from the army authorities.

Thus, the authorities concerned were kept in the dark about the transfer/sale of the property.