LAHORE: The National Accountability Bureau (NAB) has prepared a draft to challenge in the Supreme Court (SC) the bail granted to former railways minister Khwaja Saad Rafique and his brother, former Punjab health minister Khwaja Salman Rafique, in the Paragon City corruption case.

“The NAB Lahore has prepared a draft to challenge the Khwaja brothers’ bail in the Supreme Court and it is being sent to NAB Chairman retired Justice Javed Iqbal for final approval,” a NAB official told Dawn on Monday.

A two-judge SC bench headed by Justice Maqbool Baqar had in March granted bail to the Khwaja brothers in the Paragon City case.

According to the NAB’s draft, the evidence available on record clearly established how Paragon City (Pvt) Limited was culminated, what was the role played by Khwaja Saad Rafique and his family members in its culmination, and how they illicitly enriched themselves from such company through their front men, which established that they were the real architects of the entire scam.

Regarding the SC’s 87-page strongly worded observation that the NAB’s conduct in dealing with the Paragon Housing society corruption case was a clear manifestation of utter disregard for the law, fair play, equity and propriety, the draft contended: “The observations regarding NAB’s conduct in the instant case as manifestation of utter disregard of law and alleged reluctance in proceeding against people on one side of the political divide or political motivation cannot withstand or borne out of the recent history of this bureau. The instant inquiry was initiated when the respondent accused (Saad Rafique) and his political party were sitting at the helm of affairs of the country and the bureau is exercising powers envisaged under NAO, 1999 without any fear or favour and strictly in accordance with law while maintaining high standards of integrity and devotion irrespective of the position the accused are holding, be it the treasury member or any other. Many cases against the members of the incumbent government are being dealt with strictly in accordance with command of law.”

The NAB accused the Khwaja brothers of establishing a housing project by acting as benamidars in the name of Air Avenue. The project was later converted into a new housing scheme, namely Paragon City, which, as per the NAB, was illegal and not approved by the Lahore Development Authority (LDA). The bureau also accused the two brothers of receiving monetary benefits worth Rs58 million and Rs39m, respectively from the housing society through proxy firms under the garb of consultancy services.

The bureau alleged that the Khwaja brothers had embezzled funds of the housing society for personal gains and collected heavy amounts despite clear directives from the LDA that the society was illegal.

Qaiser Amin Butt, an approver in the case, said in his statement that the Khwaja brothers were the “real owners and beneficiaries of the Paragon City project”.

The NAB also accused Saad Rafique of establishing a proprietorship concern – M/S Sadian Associates – and wrongfully gaining Rs58m from M/S Executive Builders in the last few years under the garb of consultancy services rendered by it.

According to the draft, Saad Rafique, in connivance with co-accused Nadeem Zia, illegally occupied and sold 31 kanals valuing Rs638m owned by Shahid Butt. Both Saad and Zia also occupied 80 kanals worth Rs1.6 billion owned by Haji Rafique.

It further alleged that the Paragon City Housing Scheme illegally possessed state land of 22 kanals in Mauza Phularwan and four kanals and 10 marla in Mauza Klaas in Cantt tehsil.

“It has already been observed by the SC in different orders that bail order must be precise and not more than four to five pages. In para 93 of aforesaid order the honourable court observed that observations in above said order are merely tentative in nature and shall have no bearing on the outcome of the reference,” the NAB stated.

Published in Dawn, July 28th, 2020