Bahria Town case: SC issues notices to persons from whom money was received

ISLAMABAD: The Supreme Court issued notices to the persons from where money was received in account regarding payment of instalments of Rs460 billion, agreed by Bahria Town (Pvt) Ltd, Karachi (BTLK) for the land provided by Malir Development Authority (MDA) to it.

A three-judge bench, headed by Chief Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah, on Wednesday, heard the Bahria Town’s petition for the implementation of the March 21, 2019 order.

The chief justice questioned from where the money for the payment of instalments of amount Rs460 billion has come.

Salman Aslam Butt, representing BTLK, told that some amount is being paid by Bahria Town, while some money came from other persons (guarantors), who are shareholders. He said, according to the media reports, certain amount was seized by a foreign country and that money was parked in the Supreme Court. He remarked whether the media have seen the agreement? “I have seen the agreement,” he told.

Upon that, the chief justice said they have not used the word agreement, adding the word agreement has come from the mouth of Bahria Town’s counsel. “You have used it,” the CJP told the lawyer. Salman then said he would have to seek instruction from the individuals (guarantors), and if they instruct then he would produce the agreement.

The apex court, in its order, said since the interested parties may be affected by its order, therefore, it is appropriate to issue notices to them as well, and all those, other than Bahria Town, from where the payment has been received by this Court.

The bench said the consent order dated March 21, 2019, noted that the past and present directors and shareholders of Bahria Town are the guarantors for the payment of the said amount (Rs460 billion). As a consequence of the said order, the filing of reference by the NAB had been stayed.

The payments that have been received by this Court were not sent by the Bahria Town and instead have come from elsewhere, said the court’s order.

Dr Shafique-ur-Rehman, told the bench that he had filed an application in 2020 regarding £190 million received by the federal government from National Crime Agency (NCA), UK, and was deposited in the Supreme Court account. He informed that a letter, written by regional manager NCA, Islamabad to DG Headquarters Operation NAB, Islamabad, has been attached with the petition. The letter says; “the monies recovered from the Riaz family in London in November 2019, were transferred to an account administered by the Supreme Court.”

Justice Athar Minallah questioned; “Are we competent to hold money for any project.” “Can, under the constitution, Supreme Court retain money.”

During the proceeding, the lawyers of all the parties referred to a SC order dated 29-06-20, wherein, a Commission has been constituted, but it never functioned as the chief justice of Pakistan (CJP), who was required to appoint the chairman thereof did not appoint such chairman.

The court asked the advocate general, Sindh and Farooq H Naek to assist whether it is incumbent upon the chief justice to appoint such a chairman and if he does not appoint the chairman then what would it become.

The consent order dated 21-03-2019 that has fixed the amount of Rs460 billion in which the instalments have to be paid, mode of payment, and also that mentioned if three instalments consecutively not paid then the entire amount shall be payable.

The bench questioned whether the Supreme Court consent order that contained accord with Bahria Town can be varied, modified, and amended. Salman Aslam Butt, who appeared on behalf of the Bahria Town (Pvt) Ltd, Karachi, sought time to attend to such queries, that if that can be done then to what extent.

Salman Butt had informed, that the apex court on 21-03-2019 passed a consent order, wherein, Bahria Town was supposed to be given 16,896 acres of land by MDA, but so far, it had provided 11,747 acres. He said since the total land was not provided to the Town, therefore, it stopped making payment and awaited prorater adjustment, therefore, he requested the court that the amount payable by Bahria Town be reassessed.

Naek said that 12,237 acres have been provided to Bahria Town, Karachi, while the remaining land had been utilised by different utilities providers.

Advocate General, Sindh Hassan Akbar told the Court that the amount of the land, given to Bahria Town, be given to the Sindh government, as originally the land was of the Sindh government, which was given to the MDA on tenancy. However, Naek said though, originally, the land of the Sindh government, but it was acquired by the MDA. The court has directed both AG Sindh and lawyer MDA to file concise statements in this regard. The court also asked them to file statements regarding the layout plan of Bahria Town, Karachi.

Bahria Town has filed an application requesting the chief justice to take suo motu action that the government land has been allotted to DHA and many other societies at cheaper rates as compared to the rates in this case.

It further contended that the official documents forming part of the public record showed that the Pakistan Defence Officers Housing Authority, Karachi, namely, DHA City, Karachi, had been allotted around 19,640 acres of land in Deh Kathore and the adjacent Dehs of Bayal, Abdar, and Khadeji for a consideration of Rs100,000 per acre, aggregating to a total consideration of Rs1.96 billion. The chief justice told Salman why the Town is relying on the case of other housing schemes. He said that BTLK could separate application in this regard.

The case is adjourned until November 8.

Copyright Business Recorder, 2023