TERENCE J SIGAMONY
ISLAMABAD: The Supreme Court on Monday granted post-arrest bail to Editor-in-Chief of the Jang/Geo Group, Mir Shakilur Rehman in the Lahore Development Authority (LDA) plot case.
A three-member bench headed by Justice Mushir Alam heard Mir Shakilur Rehman (MSR) bail plea against a division bench of the Lahore High Court (LHC).
The LHC on 8th July 2020 had dismissed the writ petition of Shakilur Rehman.
Amjad Pervaiz, the counsel for Shakilur Rehamn, told the bench that his client had not caused any harm to the national exchequer, and the original FIR was against four people but only Mir Shakil was arrested.
On September 30th, Justice Umar Ata Bandial had refused to hear Mir Shakilur Rehman’s post-arrest bail application due to some personal reasons.
The counsel contended that the allegation against his client was that he had purchased one plot in Lahore with the connivance of the DG LDA, and director Land Revenue.
He said none of the co-accused was arrested, but his client was behind the bars since 12th March 2020 without any trial.
Amjad Pervaiz contended that the issue was of over 180 kanals and 18 marlas of land, which had been taken over by the LDA for Mohammad Ali Johar Town in Lahore in 1982.
The land had been divided between the heirs of the original owner in 1985, after the owner's death.
Justice Qazi Amin inquired: “When was this land acquired by the petitioner?”
“Has the NAB raised the question of any loss to the national exchequer [caused through this transaction]?” he further asked.
The counsel replied in the negative and said: “NAB has not contested any loss to the exchequer.”
“This case wasn't filed by any government department, but by a private citizen,” he said and added Mir Shakilur Rahman acquired power of attorney over the land on May 22, 1986. Under the policy, the total area [to be allocated in return for the land acquired by the LDA] was 54 kanals and five marlas."
He also said that in the entire transaction, not a penny’s worth of loss was caused to the national exchequer.
Justice Yahya Afridi questioned whether the applicant owned more land than he was allotted.
Amjad Pervaiz responded that his client bought an additional four kanals and 12 marlas of land, and paid the LDA for it at the policy rate of Rs60,000 per kanal.
“The allegation is that this land was meant for roads and pathways," Justice Afridi remarked.
“They [the NAB] are arguing that this additional land was meant for roads and pathways, but the Lahore Master Plan was approved on August 27, 1990. MSR [Mir Shakilur Rahman] bought the land in 1987, and paid for the additional land as well. Whatever construction was subsequently done on the purchased land was done with LDA’s approval. There had been no issue or objection regarding the construction in 34 years,” the counsel said.
Justice Afridi said that it remains to be seen if the case was valid under the LDA’s policy. “Was there no violation of rules?” he asked.
He asked how many cases were being heard by the accountability judge who was hearing Mir Shakilur Rehman’s case, and sought details of those cases.
