Disabled man approaches CJP for recovery of property

LONDON: The son of a deceased British-Pakistani man has approached Chief Justice of Pakistan Justice Mian Saqib Nisar to help him get back his father’s property which he alleges was occupied some 20 years ago by an influential group using deceit and violence.

Adnan Ahmed Khan, based in Lahore, has approached the Human Rights Cell of the Supreme Court, requesting the chief justice to consider his case as the appellant doesn’t have means to fight his case in civil courts which involves heavy fees to lawyers and lengthy delays.

Adnan’s father Professor Muhammad Ajmal Khan was a renowned teacher in London’s famous Chelsea College where he taught physics. In his application to the SC, Adnan states that he’s a resident of E Block Tajpura Scheme, Lahore Cantt.

“My father, late Professor Muhammad Ajmal Khan was an educated man who had been teaching in Britain. He returned to Pakistan for the love of his country and started career in education department. He became vice principal of University of Science and Education Township Lahore and retired in 1993. My father started cultivation on his 920 kanal land situated in Bhago, tehsil Muridke, district Shekhipura. Besides, my father had another property house in Lahore. This was a three-storey building including 10 bed rooms in the property,” Adnan said.

He said that after the demise of his father, one Abdul Hameed Khan, who was appointed as caretaker of the said property, got ownership using forged documents. He said another person, Ashiq Butter, s/o Muhammad Sharif, got possession by another forged document for the agricultural land of Bhago, district Sheikhupura.

“My father divorced my mother in 1995 and nobody was there legally able to sign the transfer of the land owned by my father. Under circumstances, Abdul Hameed got fake documents and cleverly transferred the property in his name. It came to my knowledge when I was seriously ill and was fighting for my life on bed. “Sharif Bhatti, Altaf and Hanif assaulted to kill me, resultantly I lost my two legs completely and one hand partially in 2004. Now I am disabled and cannot move,” Adnan said.

He stated in the application that his attackers were friends of his father in his life, but after his sad demise, they conspired to get hold of his property. Adnan’s mother filed a civil case in the court to get back land for her children, but while the case was in progress, Adnan was abducted and assaulted.

“During abduction, they opened fire on me and I became seriously injured, resultantly now I am deprived of my two legs. After this assault, I took my minor sisters and aged mother with me and escaped from the area. I hid myself in an area which was away from the accused,” he said.

Adnan stated in the application that he contacted the Oversees Commissioner Punjab for getting speedy justice and the case was referred to the Anti-Corruption Establishment Punjab, but nothing was done there.

He said that officials at the Anti-Corruption Establishment instead of looking into the case and investigating to establish facts advised him to contact the civil court to get justice. “No inquiry report has been filed till now. The Oversees Commissioner Punjab had asked for inquiry report from the Anti-Corruption Punjab but no inquiry report has been furnished even after laps of many years. I request you that DG Anti-Corruption be called and asked that how a registry could be passed in the name of minors. Also, be asked as to why I am being forced to go to civil courts as I am a disabled person and have no means to fight in the courts,” Adnan said in hisapplication. Adnan appealed to the chief justice to look into his case and take necessary action.

“I am humbly requesting to yourself that I am left with no option but to request you only,” appealed Adnan, adding that his life remains in danger and he wanted the court to know that he could be harmed.

After the demise of Professor Ajmal Khan in 1997, Adnan and his two minor sisters were unable to take care of their father’s property located in Urdu Bazar, Lahore and their mother appointed Abdul Hameed, a tenant in the area, as caretaker.

According to Adnan, Abdul Hameed illegally took over the property and prepared a bogus sale deed in his and his sister, Farida Afzal’s name. Papers seen by this reporter show that it was impossible for Adnan to sell the property as it was never transferred to him or his sisters and remained in the name of their deceased father.

When contacted, both Abdul Hameed Khan and his sister Farida Afzal rejected the allegations. Abdul Hameed Khan’s son Abdul Samad maintained that Adnan sold the property in question in 2000 against a lump sum payment of Rs4,500,000.

“He (Adnan) did not hand over the property even after full payment and asked for Rs1,500,000 more for dispossession which we also paid,” Abdul Samad said. When asked if there was any proof that Adnan had received payments, Abdul Samad and his father failed to provide proof. When asked how Adnan could sell property when he was young and legally not allowed to do so, Abdul Samad said he cannot comment further.

Adnan said that it was impossible for the accused to provide any proof of a payment since they never paid. A spokesperson for the Overseas Commission said the Anti-Corruption Establishment had not filed a report of its inquiry.

Nawaz Gondal, Director General Anti-Corruption, said: “Adnan Ahmed Khan should take the case to civil courts for further clarification. My department understands that all documents submitted by Abdul Samad Khan are true and genuine. The case has now been closed.”