LAHORE, June 17: Former Pakistan Medical Cooperative Housing Society president Dr Azhar Atta was sentenced on Monday to 10 years rigorous imprisonment with a Rs90 million fine.
The sentence was announced by an accountability court in the Avicenna Housing City Project in which a Rs18 million fraud was alleged.
Which convicting Dr Atta the court also imposed, under Section 15 of the NBA Ordinance, a 10-year disqualification from availing any financial facility from any bank and contesting election to a public office. If recovered, the court ordered, the fine should be used for the development of Avicenna City Project and to reimburse the amounts paid by the allottees who cannot be accommodated.
Under Section 382-B of the Criminal Procedure Code the time spent by him in detention, starting from February 2001, would be adjusted against the total imprisonment awarded to him. The principal sentences of imprisonment shall run concurrently.
The court acquitted the co-accused, former PMCHS secretary general, Dr Zahid Ali, giving him the benefit of doubt. It observed: “No persuasive evidence against Dr Zahid could be produced by the prosecution to render him guilty. Therefore, he is acquitted of the charges and ordered to be released if not required in any other case.”
In this reference, Dr Atta was accused of misappropriating Rs270.78 million by claiming purchase of land at inflated prices and usurping lease money earned by PMCHS land in 1992. He is also accused of making Rs230.06 million illegal withdrawals from the Society’s nine bank accounts. This made the total misappropriation Rs500.85 million. Besides, there were allegations of embezzlement in the purchase of vehicles registered under the following numbers: LOP 2379, LOF 9518, LOD 3530 and LOA 8759.
In the second part of the charge sheet, Dr Atta was accused of getting a housing scheme, called Medical Town, added to the letter of approval issued by the Lahore Development Authority for the Avicenna City and issuing bogus allotment letters to at least 51 PMCHS members.
According to the prosecution no development work was started at the site and members were not given possession of plots. Instead, the land was rented out and the proceeds appropriated. The NAB alleged that Dr Atta also tampered with the record to extend his term as PMCHS president for eight years and never convened its annual general meeting after 1991. He was also accused of using misleading advertisements to promote Avicenna Society.
He was said to have obtained the power of attorney from several people, including Sughra Bibi, Zubaida Bibi and Tasneem Bibi to sell their land in Tarogill village and selling it to the Society at inflated prices.
Dr Atta was also charged with inflating in the books the price of Avicenna City land to the extent of Rs25.96 million by reporting the Rs35.32 million purchase price as Rs61.28 million. According to the prosecution the price paid for Medical Town land was Rs4.9 million. It was shown by the doctor as Rs8 million.
He also showed Blocks D and E in the allotment papers without approval from the LDA. While the actual vacant area in the Avicenna scheme was 725 kanals 14 marlas and the number of plots 331, he reported 915 kanals land for 49 plots.
He was also charged with issuing 612 allotment letters for 400 kanal land while the available land measured 176 kanals 6 marlas. Lastly, Dr Atta was accused of bringing into personal use the staff and equipment of the Society in violation of rules.
“In view of the evidence rendered by prosecution,” the judge observed, “I hold Dr, Azhar Atta Malik guilty of fraud as he dishonestly, fraudulently and deceitfully caused financial loss to the PMCHS and committed an offence punishable under the NAB Ordinance.”