KARACHI: An accountability court on Saturday ordered attachment of the properties of a real estate tycoon, Zain Malik, who is said to be abroad and facing a reference pertaining to allegedly illegal amalgamation of commercial land for a multi-storey building in Karachi.

Former Karachi mayor and Pak Sarza­meen Party chairman Syed Mustafa Kamal, Zain Malik, son-in-law of real estate tycoon Malik Riaz; former Karachi district coordination officer Fazlur Rehman, former executive district officer Iftikhar Kaimkhani and others are facing trial in the case.

On Saturday, the matter came up before the accountability court-III judge Dr Sher Bano Karim, when Mr Kamal and other suspects appeared before the court on bail.

However, Zain Malik, who is reportedly absconding in the present case since the federal anti-graft watchdog filed the reference in June 2019, was absent.

The investigating officer of the case filed a compliance report regarding completion of the process of proclamation of the allegedly absconding builder, as ordered by the court under Section 87 of the Criminal Procedure Code (CrPC).

The judge directed the IO to initiate the process of attachment of properties of the suspect, as required under Section 88 of the CrPC and submit a compliance report on the next date of hearing.

The hearing was adjourned till Feb 20.

Zain Malik faces reference pertaining to alleged illegal amalgamation of commercial land for a building in Karachi

In September 2020, the defence counsel for Zain Malik had withdrawn an application seeking his client’s acquittal in the present case.

The court was informed that Mr Malik wanted to withdraw his acquittal application, which was filed under Section 265-K of the CrPC read with Section 4(2)(b) of the National Accountability Ordinance (NAO), 1999.

The court was further informed that Mr Malik had already reached a settlement in three other cases with the NAB authorities, who had accepted his plea bargain. Subsequently, the relevant accountability court in Rawalpindi had also approved his plea bargain settlement with NAB in those matters, the counsel maintained.

Therefore, the defence counsel did not press pending acquittal application of Mr Malik and requested to withdraw the same, saying there was a possibility that his client might opt for a similar plea bargain with the NAB authorities in the present matter as well.

Therefore, the court had dismissed the withdrawn acquittal application, which was filed by Mr Malik in January 2020.

In June 2019, the court had admitted the reference filed by the National Accountability Bureau (NAB) against the then city mayor Mustafa Kamal, then DCO Rehman, then EDO Kaimkhani, then district officer Mumtaz Haider, then additional DO Syed Nishat Ali and then Clifton sub-registrar-II Nazir Zardari.

The reference also named five builders — Zain Malik, Mohammad Dawood, Moham­mad Yaqoob, Mohammad Irfan and Moham­mad Rafiq — all associated with M/s DJ Builders and Developers.

According to the reference, the Karachi Metropolitan Corporation in 1982 built 198 stalls/shops on two amenity plots adjacent to Kothari Parade for dislocated hawkers while four commercial plots, each measuring 255.55 sq yd, were also created in the locality.

It alleged that M/s DJ Builders purchased four commercial plots and 198 stalls of the hawkers. However, the two amenity plots were never transferred in the builder’s name.

NAB further alleged that Mr Malik and others associated with M/s DJ Builders with connivance of then Karachi mayor Kamal, DCO Rehman and others, unlawfully got transferred 102 stalls in favour of Bahria Town Private Limited through a conveyance deed without obtaining permission from the Karachi Development Authority.

The reference claimed the price of these stalls was shown in the registration deed as only Rs260 million whereas the market value was assessed at Rs2.155 billion and forced sale value was adjudged at Rs1.724bn.

The anti-graft watchdog claimed Mr Malik was the subsequent beneficiary of the amalgamated plot, which was illegally transferred in the name of M/s Bahria Town with active connivance of the main beneficiary (DJ Builders and Developers) and the sub-registrar-II, Clifton.

Published in Dawn, January 31st, 2021