PESHAWAR: The Peshawar High Court on Tuesday suspended a call-up notice, issued by the anti-corruption establishment to a senior Pakistan Tehreek-i-Insaf leader and MNA Mohammad Atif Khan, in connection with an inquiry into the alleged irregularities in the Malam Jabba land lease and a Mardan private housing society.

A bench comprising Justice Sahibzada Asadullah and Justice Wiqar Ahmad put the provincial government and ACE on notice, seeking their response to Mr Atif’s petition for declaring the impugned notice, issued to him on Nov 1, illegal.

It directed ACE not to proceed further on its notice.

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

Seeks govt response to Atif’s plea against call-up notice

The respondents in the petition are the ACE director, its circle officer in Peshawar, and the secretary of the establishment department.

Senior counsel Shumail Ahmad Butt appeared for the petitioner and 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, which found no trace of any illegality or impropriety and thus the matter stood as ’past and closed transaction.

The lawyer 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 Group, after a thoroughly competitive process.

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

Mr Butt contended that at the time of executing the said contract, the petitioner 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.

The counsel 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.

Mr Butt said 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 the petitioner’s grandfather in 1960, which was inherited by his father and subsequently by him and his brother.

The lawyer 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 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.

Mr Butt added that 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.

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

Published in Dawn, December 11th, 2024