Constitution Petition No.D-1944 of 2012
Date Order with signature of the Judge
Mr. Muhammad Anwar Tariq, Advocate for Petitioners along with Syed Mureed Ali Shah, Advocate.
Mr. Noor Muhammad Dayo, DPG NAB.
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This matter was heard by us on 12.3.2013 and was reserved for announcement of judgment. However, today Mr. Muhammad Anwar Tariq along with Mr. Noor Muhammad Dayo, DPG NAB, has effected appearance and says that since tomorrow is the last date for filing nomination papers for the forthcoming election, therefore, pending announcement of judgment petitioners Nos.2 and 3 may be allowed to file their nomination papers of-course subject to final decision of this petition. DPG NAB has no objection.
In the circumstances, we allow petitioners Nos.2 and 3 to file their nomination papers for the forthcoming election, but such filing of nomination papers would of-course be subject to the outcome of the instant petition.
JUDGE
JUDGE
The petitioner has impugned order of the Accountability Court No.II dated 26.11.2009 by which the learned Accountability Court rejected the application of petitioner (who of-course is an accused before the Accountability Court) seeking an order directing Assessment Committee for regularization of land and issuance of challan for the differential amount.
It is the case of petitioner that a piece of land admeasuring 341.68 acres was allotted to one Mst. Gulnar Begum by the Government of Sindh, Land Utilization Department, vide letter No.PS/MBR/(L.U.)1032/96, dated 4.7.1996 in Naclass No.____ Deh Dih, Sea Shore adjoining Malir and at Delta of Malir River for a period of 30 years and, thereafter, the said allotment was converted into lease of 99 years and the use of land was also changed to industrial/commercial/residential purposes. It is the case of petitioner that on 29.9.1996 said Mst. Gulnar Begum sold the entire land to Marina City Developments, a partnership concern of petitioner comprising petitioner, Khalid Masood and Seema Tressa Gill as partners. It is further the case of petitioner that the petitioner was having 70% share in the partnership, whereas Khalid Masood was having 29.9% and Seema Tressa Gill 0.1%. It is also the case of petitioner that Seema Tressa Gill relinquished her 0.1% share to the partners by executing Deed of Relinquishment. Thereafter, National Accountability Bureau (NAB) filed Reference No.24 of 2002 against Agha Tariq, ex-Minister Mineral Development, Government of Sindh, his wife Mst. Gulnar Begum, Syed Abdullah Shah ex-Chief Minister, Ali Sher Sheikh Secretary Land Utilization Department, Asif Beg Muhammad, petitioner, Khalid Masood a partner under Section 18(9) read with Section 24(b) of the National Accountability Bureau Ordinance, 1999.
It is contended by the counsel for the petitioner that after the land was purchased by the petitioner along with his other partners in Marina City Developments, Member Land Utilization Department vide his order dated 9.8.1997 by holding that the lease in favour of Mst. Gulnar Begum was made in gross violation of the conditions of sale/policy, therefore, was cancelled giving rise to filing of Suit No.970/1997 challenging the order dated 9.8.1997 whereby the Member Land Utilization Department had cancelled the subject land, however, the said suit was withdrawn on the basis of representation that Land Utilization Department of the Government of Sindh would issue challan of the differential amount which till date has not been issued. It is lastly contended that since the petitioners are ready to pay the differential of the amount, therefore, trial Court was bound to issue direction to the Assessment Committee constituted under Sindh Land Ordinance, 2001 for issuance of challan.
On the other hand, Mr. Noor Muhammad Dayo, learned DPG NAB, contends that the petitioner is an accused before the Accountability Court No.II in Reference No.24/2002 pending against Agha Tariq ex-Minister and others and it is not the domain of the Accountability Court to issue such direction, as the petitioner has to pursued remedy in accordance with law.
We have heard the learned counsel for the respective parties and perused the record of the case.
It appears that Agha Tariq ex-Minister Mineral Development, Government of Sindh managed the allotment of 341.68 acres of Government land in favour of her wife Mst. Gulnar Begum for mining purposes. He thereafter himself by exploiting his position dishonestly, fraudulently and deceitfully converted 30 years lease for mining purposes into 99 years lease for industrial/residential/commercial purposes. This fraudulent act of the ex-Minister was taken note by the National Accountability Bureau by Reference No.24/2002 asserting therein that accused Agha Tariq and Ex-Minister Government of Sindh dishonestly and fraudulently routed an application in his own department through her wife Mst. Gulnar Begum and deceitfully lease for 30 years over the land admeasuring 341.68 acres in District Malir, Karachi Division in the Malir Delta, who subsequently usurped the land in question. It has been further asserted in the reference that the petitioner and accused Khalid Masood were in actively involved in the land scam to obtain pecuniary benefits and consequently Mst. Gulnar Begum moved incomplete application requesting conversion of 30 years licence of the land for mining purposes into 99 years lease for residential/commercial/industrial purposes, which ultimately by distorting the fact and misusing the authority was allowed. The reference questioned grant as the land is situated on the River bed and its disposal was a safety risk and secondly causing illegal loss to public exchequer and lastly that petitioner and accused Khalid Masood caused loss to exchequer, as they evaded stamp duty.
In the circumstances, we allow petitioners Nos.2 and 3 to file their nomination papers for the forthcoming election, but such filing of nomination papers would of-course be subject to the outcome of the instant petition.