Through this constitutional petition, the petitioner has made following prayer:- "Under the circumstances, it is respectfully prayed that this writ petition may kindly be accepted and arrest of the petitioner may please be declared illegal, unlawful and void and petitioner may very graciously be directed to be released."
2. Brief facts giving rise to the filing of this constitutional petition as contained in its paragraphs are that the petitioner joined civil service in 2001 and served at different places including Director General (D.G.), Lahore Development Authority (LDA) and is presently serving as Chief Executive Officer, Quaid-e-Azam Thermal Power (Pvt.) Limited. The NAB initiated an inquiry for corruption and corrupt practices in Ashiana Iqbal Housing Project; a project assigned by Punjab Land Development Company (PLDC) to Lahore Development Authority (LDA) through agreement dated 20.01.2015 when the petitioner remained posted as its D.G. The allegation against the petitioner is that he, with a criminal intent and in connivance with other co-accused persons, further awarded the contract of the said project to Messrs Lahore Casa Developers as a joint venture, which was not eligible for the contract under Punjab Public Private Partnership Act, 2014 (PPPP Act, 2014). It was further alleged that the major shareholder of joint venture of Lahore Casa Developers was Messrs Bismillah Engineering Services (Pvt.) Ltd.; a proxy firm working on behalf of Messrs Paragon City (Pvt.) Ltd. The petitioner was alleged to have received an illegal gratification in the form of 32 kanal land valuing Rs.30.090 million from the owners of Paragon City (Pvt.) Ltd., causing loss to government exchequer due to alleged corruption in Ashiana Iqbal Housing Project. Consequently, on 12.02.2018 the NAB issued a call-up notice to the petitioner under section 19 of the N.A.O., 1999 to join inquiry at NAB Headquarters, Lahore. He submitted a detailed reply seeking particulars/details of documents which were required by the Bureau through his letter dated 16.02.2018. In retaliation, it is alleged by the petitioner, the NAB illegally raided the office of the petitioner on 21:02.2018, humiliated and harassed the staff and also took the petitioner id the custody, hence this writ petition.
3. In the report and parawise comments submitted by the NAB authorities, it was specifically stated in preliminary objection that after his arrest on 21.02.2018, the petitioner was produced before Accountability Court-III, Lahore on 22.02.2018 where his physical remand was given till 05.03.2018 and, thereafter, he is in their custody up till 03.04.2018 under the court's order, therefore, writ petition was not competent; that the petitioner had come to court with unclean hands; there is an alternate remedy before the trial court.
In its details, it was stated that on 31.10.2017 the Chairman NAB received a complaint against the management of many public sector companies who were allegedly established in violation of the Constitution and without lawful authority. As allegedly the public money was being misappropriated and embezzled by the management of these companies, the Chairman authorized an inquiry on 07.11.2017 against such companies of Province of Punjab. He delegated his powers to the Director General NAB Lahore and accordingly an inquiry No.1(9)HQ/1826/NAB-L was initiated on 15.11.2017. Meanwhile, another complaint against the management of Messrs Paragon City (Pvt.) Ltd. and the management of Punjab Land Development Company (PLDC) was received on 17.11.2017 by NAB Lahore alleging therein that the former, in connivance with the later, illegally occupied State land measuring 3100 kanal proposed for Ashiana Iqbal Project. Accordingly, the Director General NAB authorized an inquiry on 10.01.2018. It was also stated in the report that the responsibility of PLDC was to develop modern housing schemes for the low-income groups in various districts of the Punjab. Initially Ashiana Quaid Lahore, Ashiana Sahiwal and Ashiana Faisalabad were initiated under the said government mode. However, PLDC initiated another project, namely, Ashiana Iqbal, Barki road, Lahore in 2012 which could not be completed for which an inquiry is being conducted on the allegation of corruption and corrupt practices in the said project. It is also mentioned that the Chief Minister Punjab in a meeting held on 21.10.2014 at 96-H Model Town, Lahore directed the PLDC to entrust the projects of Ashiana Iqbal and Ashiana Quaid to LDA which proceeded with the planning, designing and execution in the province.
The allegation against the petitioner is that he being Director General LDA by misusing his authority, prepared, processed, recommended, presented and got approved fraudulent and illegal proposal and bidding documents to grant undue and illegal benefit by awarding contract of Ashiana Iqbal Housing Project of Rs.14.00 Billion to Messrs Lahore Casa Developers with the criminal intent. The petitioner allegedly started working on preparation of bidding documents of the project in September, 2014 well before the approval of transfer of project to LDA by Board of PLDC. The bidding documents were sent for legal vetting on 08.09.2014 whereas PLDC Board approved the transfer of project of Ashiana Iqbal on 12.11.2014 showing that petitioner had engineered this fraudulent act in a preplanned manner.
It was also mentioned in the comments that Lahore Casa Developers (also known as Messrs SPARKO Group) was a joint venture of three firms/companies namely Messrs Bismillah Engineering Services Co., Messrs SPARCO Construction Company and Messrs China First Metallurgical Group Co. Ltd. However, Messrs Bismillah Engineering Services Co., a C-4 Class company, had 90% shareholding was not eligible for the contract as its maximum limit of contract was Rs.150.00 million under Pakistan Engineering Council. Likewise, Messrs SPARCO Construction Company and M/s China First Metallurgical Group Co. have only 9% & 1% shareholdings, respectively, in the joint venture. On 24.03.2015 the contract was awarded to Lahore Casa Developers under Public Private Partnership mode and under section 14(d)(h)(j) of the PPPP Act, 2014, whereas it was mandatory to obtain exact shareholding of all the firms in the joint venture at the pre-qualification stage. The petitioner in connivance with the other members of the group allegedly accepted a MOU without mentioning the respective shareholders in order to maliciously conceal the technical and financial capability of Bismillah Engineering Company. Messrs SPARCO Construction Company was shown as a lead member whereas in the joint venture, through an agreement dated 18.05.2015, it was Bismillah Engineering Services Company which had the leading role, which was not eligible for the contract.
As per parawise comments, this act has caused loss to national exchequer as the contractors willfully failed to initiate Ashiana Iqbal Project for the last three years during which 61000 poor applicants have submitted Rs.60.00 million as processing fee for the allotment of houses thereby government incurred Rs.190.00 million whereas Messrs Lahore Casa Developers had caused loss in the form of liquidation damages of Rs.455.000 million.
The inquiry further revealed that Messrs Bismillah Engineering Services Co. was a proxy firm working on behalf of Paragon City (Pvt.) Ltd. and that accused received illegal gratification in the form of 32 kanal land valuing Rs.30.090 million transferred in his name and in the name of his close relatives, the price of which was paid by accused Nadeem Zia through accounts of Messrs Paragon City (Pvt.) Ltd.
4. Mr. Azam Nazeer Tarar, advocate, learned counsel for the petitioner submits that petitioner was arrested by the NAB to satisfy their ego as he dared to seek the details of documents to ascertain the nature of information required from him which act offended the NAB authorities resulting into his mala fide arrest. It was further argued that the NAB had no material of any illegal gratification received by the petitioner pertaining to the said project; the land of measuring 32 kanal was legally acquired/transferred to the associates of the petitioner which was duly declared in the declaratory form submitted by the petitioner; the contract was transparently awarded to Lahore Casa Developers (Pvt.) Ltd. as explained by its Chief Executive; that petitioner is not in possession of any relevant documents of LDA as he was posted out from the seat of Director General LDA on 28.04.2016; that the right of fair trial guaranteed under the Constitution is violated, therefore, prays that arrest of the petitioner be declared as illegal, unlawful and void. Also submits that the petitioner is being victimized by media hype.
5. Syed Faisal Raza Bukhari, learned Special Prosecutor for NAB submits that petitioner was fully aware of the nature of allegations against him which was also conveyed to him through 2nd and 3rd notices dated 19.01.2018 and 12.02.2018 and that he had tried to withhold the information for NAB, therefore, he prays for the dismissal of the petition.
6. Arguments heard. File perused.
7. After hearing the learned counsel for the parties and perusing the file, it is straightaway observed that the petitioner is still in the custody of the NAB authorities in remand until 03.04.2018 when his present remand period is going to expire. Interestingly, the remand orders have not been challenged in the present writ petition. The legal requirements of the grounds and substance of arrest were duly conveyed to the petitioner as guaranteed under section 24(a) of NAO, 1999 and Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973. Reliance is placed upon case titled "Abdul Qadir v. Federation of Pakistan through Secretary, Ministry of Interior, Government of Pakistan, Islamabad and 5 others" reported as 2002 SCMR 1478.
8. The case of the petitioner is that it was a mala fide act on the part of the NAB authorities who adopted an egoistic approach against the petitioner after when he demanded the exact nature of allegations and the relevant documents from the NAB authorities. According to the petitioner, he provided all the requisite information and relevant documents in his possession to the NAB authorities. His stand is that since he remained a Director General of LDA few years ago therefore after when he had abandoned the charge, he could not have any access to the documents exclusively possessed by the LDA. However, the case of the NAB authorities against the petitioner is that he received illegal gratification in the form of 32 kanal valuing Rs.30.090 million which was transferred in the names of his close relatives, the consideration of which was paid by Nadeem Zia through accounts of M/s Paragon City (Pvt.) Ltd. It is also alleged that he aided and abetted and provided assistance in awarding the contract to Messrs Lahore Casa Developers on the basis of technical and financial data, Messrs SPARCO Construction Company which had only 9% shareholding in the joint venture and presented the later as lead company whereas Bismillah Engineering Company which was not eligible for the contract having C-4 Class status having maximum limit of 150.00 million as per the rules of Pakistan Engineering Council. It is also alleged by the NAB against the petitioner that he prepared bidding documents of the project in the month of September, 2014, i.e. well before approval of the transfer to LDA by the board of PLDC and that the bidding documents were sent for legal vetting on 08.09.2014 before the approval of the project of Ashiana Iqbal on 12.11.2014. According to the NAB authorities, the requirement of section 14(d)(h)(j) of PPPP Act, 2014 were not complied with.
9. It is not denied by the petitioner that warrants of arrest were issued by not less than Chairman NAB himself. It is also admitted by the petitioner that he was facing an inquiry of alleged corruption and corrupt practices in respect of project Ashiana Iqbal Housing Project. The allegation against him related to the period when he was Director General, LDA. The Accountability Court-III, Lahore had already extended remand of the petitioner until 03.04.2018. The allegation of acting in retaliation to the letter sent by the petitioner to the Chairman NAB at this stage does not appear to be well founded for the reasons that state institutions do not function or act at the personal whims and desires of individuals having any kind of ill feeling for or against individuals of another institution.
10.Even otherwise, the necessary legal requirements for the grant of remand appears to have been complied with. A well-reasoned order by Accountability Court No.III, Lahore was passed in satisfaction of its judicial conscience as there were reasonable grounds for believing that accusations or information were well forwarded justifying custody of accused with NAB authorities.
So far the information furnished before the Accountability Court was not false, which raised suspicion that accused committed the offence under NAB provisions. Prima facie reasonable. grounds exist to believe the petitioner's involvement in the alleged offence and, thus, his custody in connection with the case neither will be termed as illegal nor improper for the purposes of maintaining a constitutional petition to declare his arrest as unlawful. Reliance is placed upon case titled "Hammad Khalid v. Chairman, National Accountability Bureau, Islamabad and others" reported as PLD 2003 Lahore 94.
11.As far as the vilification of the petitioner in the electronic and print media is concerned, suffice it to say that this court as a custodian of the fundamental rights of the individuals in general and of the accused in particular, expects that a responsible reporting will be made about the petitioner which would not give any impression to the public of carrying a parallel media trial.
12. In this view of the matter, we don't find any justification to declare the arrest of the petitioner unlawful or illegal, therefore, dismiss this petition.