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Sindh High Court (SHC) on Tuesday granted bail to former Chief Minister Sindh Syed Qaim Ali Shah on a call up notice issued by National Accountability Bureau (NAB) in connection with grant of land to Malir Development Authority (MDA). A division bench of the SHC, headed by Justice Muhammad Iqbal Kalhoro took up the bail petition of former Chief Minister Syed Qaim Ali Shah on a call up notice issued by NAB in connection with grant of land to the MDA.
The petition was filed through Barrister Zamir Ghumro and Barrister Faizan Memon. Barrister Zamir Ghumro argued that former Chief Minister granted land to MDA under a policy for incremental housing as per law. Such lands have been granted to Karachi Development Authority (KDA), Lyari Development Authority (LDA) and Sehwan Development Authority as well as Hyderabad Development Authority on the rates fixed by the government.
He contended that the former chief minister exercised his constitutional authority in good faith and for public purpose and for such acts he is protected under article 248 of the constitution. The counsel said that the former CM never granted any land to any private organization and NAB's call up notice to him is without lawful authority.
The counsel said that former CM exercised such powers under section 10A of the Colonisation & Disposal of government Lands Act and such action of the CM is protected under the constitution. He said former CM strictly followed the legal procedure in vogue and did not deviate an inch from that procedure. The same procedure is being followed by the governments and the rates of government lands are notified after every three years as per market value of the lands.
There could be no deviation from this established legal regime of granting government land to development authorities, which is transparent and fair. He said that the former CM has served thrice as the CM Sindh and exercised his authority under the law.
He argued that the NAB is investigating the exchange of Land by MDA. The MDA had paid full amount of the land to Sindh government as per notified rates of government and Sindh Chief Minister had no connection with subsidiary matters.
He said that his client exercised lawful authority and there's no question of the misuse of authority. He had granted such land to MDA under a government policy. Land granted by the Sindh government to various entities in the past such as KDA, HDA or DHA has been used or exchanged by them under their own laws and the CM never approved or sanctions such transactions, the counsel said and added that NAB should not hinder Public representatives from exercising their lawful authority as they are responsible to assemblies and electorate & he has never derived any financial gain.
In such matters, the Chief Executive of the province could not be involved in offence as offence could not be made out against him on such basis, the counsel contended and prayed that notice and any proceedings against him may be quashed. The court granted Qaim Ali Shah the bail against Rs.1 million surety bond.

Copyright Business Recorder, 2018

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