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The Supreme Court on Friday summoned former Prime Minister Nawaz Sharif on May 15 for withdrawing a notification regarding the ownership of Auqaf properties in Pakpattan. A three-judge bench, headed by Justice Umar Atta Bandial and comprising Justice Faisal Arab and Justice Muneeb Akhtar, heard the case. The bench also issued notices to Attorney General for Pakistan, Dewan Pakpattan and other respondents.
Auqaf Department's land, measuring around 14,400 kanals in Pakpattan was given to an individual, Dewan Ghulam Qutab, in 1985-86 in violation of a Lahore High Court order by cancelling the notification dated 17-12-69, declaring that the land was of Waqaf Auqaf department. The precious Auqaf land is situated around revered Sufi Saint Baba Faridud Din Ganj Shakar's shrine in Pakpattan.
The court on 27th December, 2018 had appointed a joint investigation team, headed by Hussain Asghar, former chairman Anti-Corruption Establishment (ACE), Punjab, to probe the matter and submit its report. The report held Nawaz Sharif, when he was chief minister of Punjab, responsible for withdrawing the earlier notification and issuing another notification regarding properties of Pakpattan.
However, Nawaz Sharif in his reply submitted in the last hearing denied in categorical term that he ever approved the summary to de-notify 1969 notification. He rebutted the report's contents and termed it lopsided and mala fide. The report also says that Syed Javed Iqbal Bukhari, the then secretary to CM Punjab, during the probe informed the JIT that the then chief minister had given approval for withdrawal of the notification.
According to report; "CM Punjab (Nawaz Sharif) had no authority to pass direction in violation of courts from district & sessions up to Supreme Court. Hence it was clearly misuse/abuse of powers. The then CM is fully responsible for this lapse," said the report. It also held the revenue field staff, including patwaries, Qanoongos, tehsildar, and concerned officers responsible for these illegalities.
The report also mentioned that Auqaf department through notification dated 17-12-69 took over the land measuring 8,273 acres and assumed the administration, control, management and maintenance of the Waqaf properties attached to the Shrine of Hazrat Baba Fareed-ud-Din Masood Ganj Shakar, Pakpattan. Ghulam Qutab Uddin Sajjada Nasheen of the said Darbar challenged the notification in Sessions Court, Sahiwal but failed to get decision in his favour as the petition was dismissed on 18-05-1977.
He then filed an appeal in the Lahore High Court. However, the LHC maintained the order of the Sessions Court. He then approached the apex court against the LHC order, which on 17-05-81 issued status quo. Sajjada Nasheen of Darbar continued pursuing the appeal in the Supreme Court and in the meanwhile presented an application to the chief minister, Punjab through the governor Punjab on 12-08-1986 to withdraw the 17-12-69 notification.

Copyright Business Recorder, 2019

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