PESHAWAR: Senior Pakistan Tehreek-i-Insaf leader and MNA Mohammad Atif Khan has moved the Peshawar High Court against the issuance of a call-up notice to him by the anti-corruption establishment (ACE) in connection with an inquiry into the alleged irregularities in the Malam Jabba land lease and a Mardan private housing society.

Mr Atif filed a petition requesting the court to declare the impugned notice, issued to him on Nov 1, illegal.

He requested the court to quash the notice and declare illegal to his extent all actions taken in consequence to the said notice including any inquiry or investigation.

The petitioner also sought interim relief requesting the court to stop the ACE from taking any adverse action against him.

Requests PHC to prevent action against him in Malam Jabba lease, Mardan housing society cases

The petition, filed through lawyers Shumail Ahmad Butt, Hazrat Bilal and Najamul Saleeheen, named the ACE director, its circle officer in Peshawar, and the secretary of the establishment department as respondents.

The petitioner contended that the issuance of the impugned notice was only to subject him to undue harassment and public humiliation to tarnish his reputation.

He said that the matter of Malam Jabba land lease had already been subjected to rigorous investigation by the National Accountability Bureau (NAB), which found no trace of any illegality or impropriety and thus the matter stood as ‘past and closed transaction.’

Mr Atif said that in 2014, the then provincial government under Chief Minister Pervez Khattak had entered into a contract and leased out land in Malam Jabba area of Swat district to a tourism company, Samsons, after a thoroughly competitive process.

He said that the allotment was granted for the establishment of a ski resort and a five-star hotel.

The petitioner contended that at the time of executing the said contract, he was not the tourism minister and was serving as minister for energy and power department.

He said that the high court decided the matter in favour of that company.

Mr Atif pointed out that the matter was also re-opened by the then chairman of the Public accounts Committee, Noor Alam Khan, but the act was challenged in the high court.

He added that the NAB had re-affirmed before the high court that the inquiry was a closed matter.

He said that as elected public representative, he had consistently been speaking against corruption and misconduct irrespective of political affiliation and openly criticised government actions whether from the opposition or from his own party.

The petitioner said the same reasons led to targeted actions against him even in his own province, where his political party held power.

He contended that in a blatant attempt to stifle his voice, the impugned notice was issued to him by the ACE regarding the Malam Jabba land lease.

Mr Atif added that the ACE had also started inquiry on baseless and irrelevant allegations about ownership of Fazal Garden Township land including alleged conversion of agricultural land into residential society, and alleged misappropriation of government funds for development of the said housing society.

He said that the land in question was purchased by his grandfather in 1960, which was inherited by his father and subsequently by him and his brother.

The petitioner said that the allegation of conversion of agricultural land into residential colonies was also baseless and in that respect the relevant agriculture officer had also issued a letter in 2022.

He contended that the impugned notice was arbitrary and unjustified and without any legal basis.

Published in Dawn, November 27th, 2024