Illegal sale of defence land: NAB initiates probe against Musharraf

ISLAMABAD: The National Accountability Bureau (NAB) has started probe against former dictator General (R) Pervez Musharraf who is accused of putting on sale almost 4,000 acres of precious defence land worth hundreds of billions across the country in violation of relevant rules.

Sources in NAB said a retired army officer colonel Advocate Inamur Rahim on Thursday submitted documentary evidence to prove misuse of authority by the former army chief in illegal allotment and sale of precious army plots to please his favourite officers.

A NAB official confirmed to The News that the Bureau is examining the evidence against the former military ruler in an inquiry into “misuse of authority” by Musharraf. Earlier, NAB’s deputy director coordination Nasir Raza had sought documentary proof from Col Inam in an inquiry against the former dictator under NAB Ordinance 1999.

In response to NAB letter No. NABR20180320118987/2018/IW-1/Inq/210318/2(446)/4731, Col Inam submitted statements of former defence secretaries and military officials in various higher courts which confirmed that thousands of acre land was illegally put on sale by Musharraf in various parts of the country.

The applicant maintained that to get the support of senior military hierarchy, Pervez Musharraf decided to give 5 residential/commercial plots and 50 acres of agriculture land to general officers while the rules allowed one such plot for the generals of Pakistan Army.

In support of his claim, Col Inam attached admission of the then Secretary Defence Lt Gen (R) Zamirul Hasan which was submitted before the Lahore high Court (Rawalpindi Bench) in the case of Maj Gen Ahsan (WP No 1124/2015).

He claimed that a former Defence Secretary admitted in writing that expensive land situated in different zones of Pakistan were identified for disposal during Musharraf’s tenure, whereas on ground thousands of acres of land meant for families of Shuhadas and lower ranks were thrown away without any justification and legal authority and allotted to unauthorised persons to get their political support.

These 10 areas where massive areas of land was allegedly put on sale illegally by Musharraf include 2,125 acres in Karachi, 1,145 acres in Lahore and 200 acres in Quetta. It also included 6 properties measuring 130 acres in Multan, 3 properties of land more than 70 acres in Peshawar, 5 properties of 8 acres in D I Khan Zone, 14 properties of 157 acres in Gujranwala Zone, 22 properties of 125 acres in Rawalpindi Zone, two properties of 3 acres in Sargodha Zone and two properties of more than 4,600 sq yds in Abbottabad Zone.

According to the application, Musharraf was appointed COAS and he assumed command on Oct 6, 1998 for three years period till Oct 7, 2001. Thereafter, he decided to remain in uniform without any constitutional, legal and moral authority and all his actions, orders from Oct 8, 2001 to Nov 28, 2007 (when he should not be in uniform) were without any authority, bogus, mala fide coram non judice and without any jurisdiction.

The application submitted to NAB says from Oct 8, 2001, onward Musharraf was an alien to the armed forces as well as the nation. He created for himself an illegal post of Chief Executive which was never heard of and never existed in the Constitution, the organic law of the land.

The application submitted before NAB quoted two examples where superior courts confirmed misuse of authority by Musharraf by setting aside his illegal decisions. In first example he mentioned that at Rawalpindi Cantonment, a huge tract of land measuring 109 Kanals was situated, worth billions of rupees. At the behest of Pervez Musharraf, a few kanals were gifted to one of his cronies, and great chunk of commercial land was also sold to non-entitled persons. The same was challenged by the residents in Lahore High Court through Wp No. 715/2009 and ultimately Mr Justice Farrukh Irfan, set aside the illegal sale.

In his second example the applicant said in Karachi 4.958 acres of land was reserved for the playground of the Lines Area project but the same was illegally leased to Army Welfare Trust (AWT) on Dec 19, 2002 and later AWT sub leased to Macro Habib on 31-07-2006 by the order of Pervez Musharraf.

The Supreme Court declared the said deal illegal and ordered that the property should be restored and it was further declared that the Chief Executive/President had no authority to dispose of the lands reserved for defence purposes. The apex court also observed that as per Acquisition Custody and Relinquishments (ACR) Rules 1944, the defence land if not required by the Army, should have been offered to Navy or Air Force and thereafter by any other department of federal government and if land was not required by any department of federal government, should have been offered to the provincial governments.

The applicant claimed that by throwing away the prime lands reserved for defence purposes without offering it to Pakistan Navy especially in Karachi and Pakistan Air Force especially in Peshawar and Sargodha caused serious harm to the service interests of sister armed forces whereas both the services were facing acute shortage of land in Karachi and Peshawar respectively for their ongoing future projects.

Talking to The News, the applicant Col (R) Inam said he submitted the evidence which was undeniable as it was part of the court record and signed by the officials of the defence ministry.

“I have submitted first installments of evidence directly to NAB Chairman Justice (R) Javed Iqbal and second installment to the NAB officer in Rawalpindi office,” he said adding that further evidence is also being prepared and will be submitted in due course. “I will move the superior courts if NAB could not proceed on this case of misuse of authority by a former army chief,” Col Inam said.