KARACHI: An accountability court on Monday sentenced seven men to 10-year imprisonment in a corruption reference pertaining illegal allotment and exchange of over 1,700 acres of previous government land.

Former mukhtiarkar Muhammad Salik Nukriach, former tapedar Abdul Aziz and former sub-registrar Shahid Raza Shah in connivance with four builders and developers Wahid Bux, Zaman, Lal Muhammad and Fazal Hussain were found guilty of illegally allotting 100 acres of state land in Malir through fake entries and adjusting the same against 1,729 acres in the metropolis.

On Monday, Judge Suresh Kumar of the Accountability Court-IV pronounced his judgement that was earlier reserved after recording evidence and final arguments from both sides.

The judge noted that the prosecution successfully proved its case against the accused persons.

The judge also imposed a fine of Rs5 million on each accused to be recovered as arrears of the land revenue in terms of Section 33-E of the National Accountability Ordinance (NAO), 1999. In case of default, they would have to undergo six-month additional imprisonment each.

All the accused persons, who were present in the courtroom, were sent to the central prison to serve out their sentences.

However, the court extended them benefit of Section 382-B (period of detention to be considered while awarding sentence) of the criminal procedure code.

The trial court had already separated the cases of the then land utilization (LU) secretary Aftab Ahmed Memon and builder Sabir Hussain.

According to the prosecution, the then LU secretary Memon in connivance with then mukhtiarkar Nukriach, the then tapedar Aziz, then sub-registrar Shah illegally made fake ownership of 100 acres of the state land in favour of co-accused Wahid Bux; director of M/s Al-Jalil Enterprises, Zaman; director of M/s Al-Mueez Builders, Sabir Hussain; director of M/s Al-Salam Enterprises, Lal Muhammad; director of Al-Rehman Associates, Fazal Hussain; director of Al-Quds Developers and absconding accused Raza Muhammad of M/s Al-Khalil Associates.

It said the nominated accused persons were public office holders and beneficiaries of the illegal land allotment through bogus entries made in the name of alleged absconding suspects Raza Muhammad and Sajawal (deceased) in the Deh Dih, Tapo Ibrahim in Malir.

It further stated that after a comprehensive inquiry by then deputy commissioner Malir Muhammad Younas Dagha in Feb 1, 1999 the previous entries were cancelled including seven entries in the name of the accused persons and absconding suspects.

The National Accountability Bureau alleged that the then member of the land utilisation department wrote letters to the deputy commissioners of Malir and Korangi for exchange of 100 acres of the same value in the district Malir.

The mukhtiarkars concerned being cautious sought guidance from the assistant commissioners as to whether such exchange of the land fell within the scope of the contempt of the court proceedings in suo motu proceedings initiated by the Supreme Court. The LU member responded that such an exchange did not fall under any contempt.

In the meanwhile, it was revealed that 100 acres of the land valued at Rs30 million per acre and the member of the land utilization department in his letter dated Sept 23, 2016 proposed 1,729 acres of the land worth Rs3 billion in favour of the above-mentioned seven beneficiaries in district Malir, whereas the 100 acres land was directed to be kept back in favour of the government.

NAB claimed that during investigation it came on record that the LU members was not a competent forum to be approached for departmental appeals and proper forum was the commissioner, who was supposed to be approached within 30 days, but the commissioner’s office was never approached by the accused persons. Later, such applications were filed after a lapse of 14 years in violation of the Land Revenue Act.

The prosecution submitted that during the course of the investigation it came on record that there was no provision regarding exchange of land.

Therefore, a loss of Rs3.0595 billion was caused to the national exchequer by the accused persons. They were found involved in corruption and corrupt practices defined under Sections 9(a)(i)(ii)(iii)(IV)(VI and (xii) punishable under Section 10 of the NAO, 1999.

Published in Dawn, October 27th, 2020