KARACHI: An anti-corruption court on Friday discharged the director general of the Karachi Development Authority in a case pertaining to alleged misuse of authority for lack of evidence.

The in charge judge of anticorruption court, Shahid Ali Memon, observed that nothing haf been brought on record against the KDA chief Asif Ali Memon apart from the allegation that he did not relieve his three subordinate officials.

The court in its order stated that if he had committed an offence, the same could be dealt under relevant laws, but such kind of offence did not fall within the ambit of the offences invoked in the instant FIR.

If KDA chief Memon was further remanded in the custody of the Anti-Corruption Establishment (ACE) then it would amount to abuse the process of law since the prosecution has not been able to collect even a weak type of evidence against him, the court ruled.

“Therefore, under such circumstances and in order to meet the ends of justice, he is hereby discharged from the charges U/s 63[discharge of person apprehended] CrPC subject to furnishing P.R. Bond in the sum of Rs.100,000,” the court order stated.

Judge rules prosecution wasn’t able to collect even weak evidence against Memon

The court in its order also noted that the minutes of the meeting of the Anti-Corruption Committee (ACC-I) held on Dec 29 stated that it was chaired by Chief Secretary Syed Mumtaz Ali Shah and eight members attended it, but only four members had signed the minutes.

At this juncture, the ACE prosecutors placed some documents before the court stating that the chief secretary was on ex-Pakistan leave for eight days (from Dec 27 to Jan 3) and due to a typographical error his name was mentioned in the minutes of the Dec 29 meeting.

The ACE had arrested the KDA chief along with assistant director Atif Ahmed Khan on Dec 29.

Mr Khan was sent to prison on judicial remand since the ACE claimed to have recovered two files of plots from his vehicle and 48 other files on a lead provided by him.

The court directed the investigating officer to complete the probe and file an investigation report till Jan 11.

At the outset of the hearing, the IO produced both the suspects before the court and sought extension in their remand on the ground that he had to secure more evidence against them.

Prosecutors Mumtaz Shah and Sehar Naeem submitted that 48 files of different plots had already been secured from the IT section of the KDA on a lead provided by Mr Khan and two files secured from his car about as many plots located in industrial area of Korangi Township.

The lawyer for the suspects, Khawaja Shams-ul-Islam, opposed the remand request stating that nothing was brought on record against them.

He contended that the prosecution did not obtain lawful permission from the chief secretary before arresting the KDA chief, who is a grade-20 officer.

He asked the court to discharge the suspects under Section 63 of the criminal procedure code.

According to the FIR, additional director Shaikh Fareed and assistant director KDA Muhammad Zubair and Atif were transferred and suspended and directed to report to the local government department, but they were still working and issuing official orders in violation of rules as the KDA chief directed them to continue their duty.

The DG KDA along with three officials were booked under Sections 162 (taking gratification, in order, by corrupt or illegal means, to influence public servant), 165 (public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business), 420 (cheating and dishonestly inducing delivery of property) and 34 (common intention) of the Pakistan Penal Code read with Section 5(2) of Prevention of Corruption Act.

Earlier in October, a three-judge Supreme Court bench had observed that Karachi’s civic agencies were powerless and officials were under the fear of being transferred as the KDA chief had informed it that he got a stay order from the high court against his removal hardly three month after his appointment.

Mr Memon had further informed the apex court that he assumed office on Aug 4, but he was removed from the post and an “OPS officer” had replaced him, but he got a stay order from the SHC, adding that when he asked the local government minister whether he or the chief minister were unhappy with him, the minister replied that the “system” was not happy over his appointment.

Published in Dawn, January 1st, 2022