LAHORE: The National Accountability Bureau (NAB) on Wednesday prepared a draft to challenge the acquittal of Jung/Jio Media group owner Mir Shakeelur Rahman and two others in connection with illegal land allotment, 34, stating that “The accountability court did not use judicial mind in this matter”.
NAB will challenge the acquittal this month in the High Court.
An accountability court on Monday acquitted Humayun Faiz Rasool, editor-in-chief of Jung Group and former director general of Lahore Development Authority, and Mian Bashir Ahmed, director of the land development department, in the case.
As per the proposed draft, NAB has argued that “important prosecution witnesses” are yet to be examined by the court. “The case cannot be decided on the merits unless the prosecution is given equal opportunity to present its point of view before the court through examination of witnesses and records.”
‘Not examining important prosecution witnesses’
“The court, in fact, did not apply judicial mind and fell by mistake. The NAB case was not concerned with the payment of reserve price instead of market price. Public utility like allotment of roads can be termed as abuse of power, E.g. one wants to buy Mall Road by offering a competitive market price of the road?,” it says.
“The court made a factual mistake by treating Mir Shakilur Rahman as an instigator. In fact, he was the beneficiary in the case. He was the illegal beneficiary in the case whereas the court in its judgment has omitted this fact,” it says.
The draft further states that the court did not appreciate the entire record placed before it. “As per the records attached with the reference, the Pricing Committee (PAC) was headed/organized by the Additional Director General and four directors from different departments of the LDA. Furthermore, there is no legal impediment on the formation of the PAC on the directions of the NAB. Thus, the observation of the court is against the facts.”
It added that the NAB filed references against the accused persons on their involvement in the crime. “No active role was found against other LDA officials during investigation. Hence no other Director General/Director has been charged as accused. Summary of the inclusion of two lanes in the allotment to accused Mir Shakilur Rehman. Further, no power was exercised under Section 14 of the LDA 1975, rather the illegal summary sent to the CM mentioned that ‘this motion may be treated as a special case’, cited eg. cannot be done’. The NAB case was not based only on the violation of the exemption policy, but it was the other accused persons/public office holders misusing their authority for their personal gain and giving undue advantage to the accused Rahman at the cost of the state exchequer. Rahman).”
The NAB draft further stated that “Wilful intent cannot be presupposed before the completion of the trial. The physical witnesses of the NAB were yet to be recorded.
The NAB alleged that Mr. Rehman, in connivance with the then Punjab Chief Minister Nawaz Sharif, illegally obtained exemption from 54 plots, each measuring one-kanal, located in Johar Town, Block-H, Lahore.
NAB arrested Mr. Rehman in March 2020. The Supreme Court granted him bail in November 2020.
PML-N supremo Nawaz Sharif has been declared a fugitive for not consistently appearing before the court in the matter.
Published in Dawn, February 3, 2022