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Chief Justice Mian Saqib Nisar Tuesday questioned Bahria Town's chief executive Malik Riaz Hussain how charity works can be undertaken after illegally occupying the land of the state as well as people and bribing the high-ups.
Heading a three-member Supreme Court bench hearing a review petition of Malik Riaz, along with an another case pertaining to issuing notices to the people who have already been allotted plots, commercial buildings or built-up units to make payments to a bank account maintained by the Bahria Town Housing Society, despite a ban on such activity by the apex court.
The court directed Riaz to submit Rs20 billion with the court so that this money can be returned to the nation. Riaz, however, requested the court to reduce the amount to Rs5 billion. The Chief Justice then asked him to mortgage his property. "I have no house except that in which I am living that too belongs to my wife," Riaz claimed.
The court then reduced the amount to Rs10 billion. Riaz again insisted the court to reduce the amount to Rs5 billion. The court directed Riaz to submit Rs5 billion with the court on the next hearing along with his property documents and an undertaking that he will not sell any of his assets before the court issues a verdict. The court also ordered Bahria Town not to start any new project until the case stands disposed of.
During the hearing, the Chief Justice noted that the court cannot allow Riaz to continue with the illegal ventures because of his religious projects. At the outset of hearing, Riaz stated that he had undertaken multiple charity projects like world's third largest mosque, an old-age home, schools, and zoo, etc. He said he had built Bahria Town Karachi so that Pakistan can grow from a third world country to a first world country.
Riaz said that he had planned construction projects in areas where people did not go due to poor security. The Chief Justice asked him whether it was charity to illegally occupy the land and bribe people. "I swear I never bribed anyone," Riaz contended. Meanwhile, the court barred the Bahria Town housing society from collecting outstanding payments from its clients, saying that the administration of Bahria Town Karachi had violated court orders by opening up a separate bank account to collect outstanding payments.
Aitzaz Ahsan, senior counsel for Malik Riaz, contended that Bahria Town Housing Society did not issue notices to anyone for payment of outstanding dues. He said his client has converted a desert into a modern city. "We have no sympathy with a person who coverts a desert into a city illegally," the Chief Justice remarked. He said that despite a ban by the apex court on high-rise buildings in Karachi, Bahria Town has been continuing construction of such buildings including a 20-storey building. Aitzaz Ahsan contended that such constructions were stopped after the ban placed by the apex court. The Chief Justice noted that the money taken by Bahria Town from the countrymen would have to be returned to them.
He said that Riaz had become a billionaire and now he is playing a role in national politics. He said the issue of using the brand of 'Bahria' by Riaz had still to be decided. He said that there was Robin Hood who looted money and distributed it among the poor. During the hearing, Riaz requested the court to order the National Accountability Bureau to stay its investigation until the apex court delivers a verdict. He said that due to the case in the NAB, property prices had gone down due to which several people who had invested in the project are suffering.
The Chief Justice rejected his request and suggested him to appear before the NAB. Meanwhile, the court adjourned the hearing until June 27. Earlier, the Supreme Court in its verdict had ordered the additional registrar of the Supreme Court's Karachi registry to open a special account facilitating the deposit of the outstanding amount against allotments through pay orders, demand drafts or cross-cheques.
The verdict had pointed out that a huge amount of money on account of allotment of plots, built-up units and commercial buildings was still outstanding against the allottees, and some makeshift arrangement should be made to facilitate the recovery and secure it. The court had also barred Bahria Town Karachi from selling or allotting land after declaring that the land for the project was acquired illegally.

Copyright Business Recorder, 2018

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