NPF land scam: NAB asked to initiate action against former PML-N MNA, others
The Supreme Court on Thursday announced reserved its verdict in National Police Foundation (NPF) land scam case directing National Accountability Bureau (NAB) to initiate proceedings against former MNA of PML-N Anjum Aqeel Khan as well as ex-officials of the Foundation for fraudulently pocketing Rs 6 billion.
Copyright Business Recorder, 2013
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry had reserved its judgement in the matter on July 2, 2013, observing that purchase/sale transactions of the land and plots were made without following due process of law.
Justice Ijaz Ahmed Chaudhry authored the 82-page verdict and ruled that the illegalities and irregularities in the procurement of land committed by the Board of Directors in connivance with Anjum Aqeel Khan are some of the worst examples of corruption and corrupt practices and all those who are responsible are liable to be penalised in accordance with the law of the land and also recovery be made through coercive measures.
The verdict said that some persons were allotted one kanal plot against the payment of even only Rs100, adding that the allotment of plots in the NPF can be termed a bad example of mal-administration as every officer of the said foundation at the helm of affairs tried to loot the foundation by allotting plots to their near ones and dear ones without observing any codal formalities.
The court issued directives to Chairman NAB to proceed in accordance with law against Anjum Aqeel Khan and other officials of the NPF and submit a progress report through the apex court's Registrar within 90 days.
"All the plots, one, two or more than that which have been allotted illegally without entitlement to any person, whether police officials, employees of NPF, other government officials or the civilians, businessmen, etc or their dependants are thus cancelled forthwith," the verdict said.
However, the judgement ruled that if they are interested to retain the plots in their names they are directed to pay price thereof according to the present market value within a period of two months from today (October 31).
The court directed Anjum Aqeel Khan to fulfil his outstanding liability of 126 kanals of land as undertaken by him through agreement on May 27, 2011 and if he is not in a position to provide 126 kanals of land to the Foundation then he will pay the present market price of 88 developed plots in accordance with 54:46 ratio formula of CDA within two months; otherwise law will take its own course by initiating a penal action as well as attachment of all his property, moveable or immoveables and that of his dependants.
The court further directed that the persons who are nominated for allotment of plots by Anjum Aqeel Khan without having corresponding land transferred in the name of NPF or who have filed miscellaneous applications against Anjum Aqeel Khan, shall not be allotted plots until and unless they are found legally entitled to such allotment by way of affiliation or through any other mode.
The court ruled that they are at liberty to launch any sort of proceedings against Anjum Aqeel Khan, if so desired. However, the court clarified that the Foundation will not be responsible for any act of omission of Anjum Aqeel Khan while nominating the persons for allotment of plot in the Foundation.
"Any other shortfall of land is directed to be made up by Anjum Aqeel Khan of M/s. Land Linkers," says the verdict.
The court directed Managing Director of the NPF to ensure compliance with the aforesaid directions in letter and spirit within a period of two months and submit a compliance report to the apex court.
It also directed the Auditor General for Pakistan to get the accounts of the Foundation audited as well as transactions of allotment of plots, affiliation of land and deposit of development charges with the Foundation and submit a report to the SC within a month.
The Auditor General has also been directed to submit an audit report regarding receipts and payments by the Foundation to date from the date of its creation.
"As a consequence of our conclusion, it has been found necessary to initiate proceedings against Anjum Aqeel Khan and other responsible persons," says the verdict with the direction to Chairman NAB to initiate the proceedings under the NAB Ordinance, 1999 as amended, promptly, so it may serve the deterrence of like-minded people.
The court further directed that a progress report shall be submitted by the Chairman NAB through the Registrar of this Court for the action taken by him within 90 days.