KARACHI, Feb 18: An inordinate delay is being caused in the disposal of corruption cases as the federal government has not yet appointed judges for the five accountability courts in Karachi.

Three ACs have been without judges since Jan 17, when the prime minister rejected the proposal for extension in the tenures of three judges — Judge Mohammed Jawaid Alam, who was also the administrative judge of all ACs; Judge Dr Qamaruddin Bohra and Riaz Ahmed Phulpoto.

Earlier in September, Rahmat Hussain Jafferi, the then administrative judge of the ACs, and Azizullah Memon of the AC-5 were elevated to the Sindh High Court and the two courts have been without judges since.

Over 30 corruption cases are pending before the five ACs, which in all decided as many as 107 cases since their constitution in December 1999 under the National Accountability Bureau Ordinance.

While the new judges are yet to be appointed, the legal circles are calling in question the decision of relieving the AC judges from their services by the prime minister.

Referring to the section 5 (g) of the NAB Ordinance, they contended that the appointment of judges for the accountability courts rested with the president. The section reads: “Court means an accountability court, which shall consist of a judge, who shall be appointed by the President of Pakistan in consultation with the chief justice of the high court concerned on such terms and conditions as may be determined by the President of Pakistan”.

The federal government on Jan 17 had informed the concerned high courts through a notification that the proposal for extension in the terms of six judges of the accountability courts in Karachi, Peshawar and Quetta was rejected by the prime minister.

The notification also contained a direction to the high courts concerned for sending fresh panel of nomination for appointment of judges.

Sources told Dawn that the Sindh High Court had recommended to the federal government the extension in the terms of the three judges, keeping in view their performance.

Inquiries showed that the value of property and land recovered through the culmination of different corruption cases was over Rs1 billion.

The government land worth over Rs460 million, allotted illegally to different people by former Sindh chief minister Syed Abdullah Shah, was reverted to th state following the decision of as many as 10 references by the Accountability court No. 1 alone.

The references pertained to the allotment of about 309 acres to 14 beneficiaries against a total amount of merely Rs6.4 million, which was also forfeited to the government.

Ramesh M. Udeshi, a former secretary of land utilization department, was convicted in as many as nine land references for floating illegal summary for the allotment in connivance with the former chief minister.

Judge Bohra, who pronounced judgment in as many as 33 cases during his term, sentenced the former secretary to a seven-year term each in eight references. He was also fined Rs200,000 each in these references.

The court also convicted ex-CM Abdullah Shah for avoiding legal proceedings against him in seven different references, but all pertaining to allotment or conversion of land.

The court also sentenced a former deputy director of FIA, Chaudhry Mohammed Sharif, to a 14-year term for amassing wealth beyond his legal means. A heavy fine of Rs100 million was also imposed on Chaudhry Sharif.

Over 15 politicians and 30 bureaucrats were among those convicted by the Accountability courts in Karachi since the establishment of the National Accountability Bureau in 1999.

The accountability process showed a rising trend in terms of institution of references and their disposal during the year 2002 as compared to the year 2001.

The ACs, which had decided 18 references during 2000 and 46 references in 2001, disposed of 52 references during the past one year alone.

Out of the total 107 references sent up for trial by the NAB authorities since the setting up of the courts, Judge Dr Qamaruddin Bohra decided 33 references.

Judge Rahmat Hussain Jafferi of AC-3, who was also the administrative judge of all ACs, was sent in all 49 cases for trial and he pronounced judgments in 32 cases and transferred 17 cases to other courts. Not a single case was pending before him when he was elevated to the SHC.

The AC-4, headed by Judge Jawaid Alam, decided 22 out of total 27 references, sent before him for trial. Judge Riaz Ahmed Phulpoto, pronounced judgments in 13 references and six other reference were pending before him.

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