Khawaja brothers’ case adjourned till Sept 23

• Khawaja’s counsel says neither NAB nor the court has the power to investigate the case
• SECP has the authority for the purpose
• Paragon City reference case adjourned till Sept 23

LAHORE: An accountability court on Tuesday adjourned the hearing of Paragon City reference against former railways minister Khawaja Saad Rafique and his brother Khawaja Salman Rafique till September 23.

Accountability Court Judge Syed Jawadul Hassan conducted the reference proceedings, wherein, Khawaja brothers were  produced on expiry of their judicial remand term.

During the proceedings, representing Khawaja Salman Rafique, Advocate Amjad Pervaiz submitted that National Accountability Bureau (NAB) had already filed the reply to his client's application challenging jurisdiction of the bureau and the court in the matter.

He argued that neither the bureau had the power to investigate the case nor the court had the authority to hear it.

He submitted that Paragon City was a private limited company and it was established for launching a housing society whereas the bureau did not have the powers to investigate such matters.

He submitted that if a company was involved in fraud then investigations could be held against such a company under Companies Act 2017.

He submitted that Securities and Exchange Commission of Pakistan had the authority for the purpose, whereas, a sessions court could hear the case.

The court after hearing the arguments adjourned further hearing till September 23 and directed the parties for advancing further arguments, on the next date of hearing.

A special prosecutor on bureau also filed a reply to an application filed by Khawaja Saad Rafique against the indictment, at the start of the proceedings.

The prosecutor also provided a copy of the reply to Saad's counsel Advocate Aushtar Ausaf after he claimed that the bureau had not given the copy in advance despite the court directions.

On September 4, the court indicted Khawaja brothers who pleaded not guilty and contended to contest the charges.

Besides the Khawaja brothers, Nadeem Zia, Umar Zia, and Farhan Ali were also nominated in the reference.

The reference stated that Khawaja brothers through their "benamidars" and with the abetment of former MPA Qaiser Amin Butt and Nadeem Zia established a housing project in the name of Air Avenue. The project was later converted into a new housing project namely Paragon City Pvt Ltd, which the NAB said was an illegal society and not approved by the Lahore Development Authority.

The former railways minister and his brother received monetary benefits of Rs 58 million and Rs 39 million, respectively, from the society through proxy firms under the grab of consultancy services, it added.

Khawaja brothers were arrested on December 11, 2018 by the bureau. A Lahore High Court bench dismissed post-arrest bail petitions of the Khawaja brothers on June 18, however, they had not yet approached the apex court in the matter.