ISLAMABAD, Sept 16: Accountability Judge Syed Mumtaz Hussain Shah on Monday declared Chaudhry Mohammad Abbas, a brother of former Punjab minister, a proclaimed offender (PO) in the church property scam.
Former Punjab minister for cooperatives Chaudhry Riaz is also an absconder in another corruption reference.
Chaudhry Mohammad Abbas was declared PO under section 87 of the Criminal Procedure Code (CrPC) after process server Mohammad Jehangir, sub-inspector Gujar Khan police station, recorded his statement in which he said despite his efforts and affixing proclamation of the court at his residence and different public places, the warrants could not be served. The officer told the court that he had been informed that the accused was in the US and his return was not imminent.
After declaring the accused a proclaimed offender, the court adjourned further proceedings till September 28.
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.
Except Chaudhry Abbas and Elder Francis Hayat, the applications of pre-arrest bail of other co-accused are pending before the Lahore High Court Rawalpindi bench.
The prosecution is holding Chaudhry Abbas responsible for illegally transferring the lease rights of 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.
According to the reference, 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 the 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.
The reference also alleged that the property was registered and transferred in favour of Chaudhry Abbas for Rs2.5 million, when the value of the property, mentioned for leviable taxes in 1990 was Rs7.2 million.