LAHORE: It was a difficult day for the PML-N on Tuesday as the Khawaja brothers were arrested by National Accountability Bureau (NAB) after the Lahore High Court (LHC) turned down their pre-arrest bail petitions in the Paragon Housing Society scam case, Punjab Assembly Opposition leader Hamza Shahbaz was prevented from boarding a Doha-bound flight by immigration officials at Lahore Airport and his passport was seized, while a complaint verification was initiated against PML-N spokesperson Marriyum Aurangzeb for assets beyond known sources of income.
Former railways minister Kahwaja Saad Rafique and his brother Salman Rafique, also a minister in the Shahbaz Sharif-led previous government in Punjab, had approached the LHC, fearing their arrest by the anti-corruption body.
An LHC bench, headed by Justice Tariq Abbasi, heard the petition filed by the Khawaja brothers through their counsel Azam Nazir Tarar and Amjad Pervez. The petitioners denied the NAB allegations, stating that they “fully cooperated with the NAB in the investigation and our pre-arrest bail should be approved”. The brothers also claimed that they were not involved in corruption.
Amjad Pervez argued that Khawaja brothers owned only 40 kanals land in Paragon Housing Society comprising 7,000 kanals of land. He said the petitioners had handed over commercial plots to the society and received residential plots in return. He pointed out that the petitioners had been paying Rs200 million as development charges for the 40 kanals, which they got in return for their commercial plots.
He rejected an allegation that the housing society was a “benami” property of Khawaja brothers. He argued that the petitioners disclosed in the tax returns each and every penny they earned. He said the NAB failed to furnish any evidence to establish ownership of Khawaja brothers.
The counsel alleged that the Bureau had been forcing people to make confessions against the PML-N leaders. He alleged that NAB tortured former MPA Qaisar Amin Butt and made him become an approver against Khawaja brothers under the influence of drugs. The counsel argued that an “approver” had no value in the eye of the law.
In reply, the NAB prosecutor argued that Paragon Society was not approved by the Lahore Development Authority and the land was illegally acquired for the society. He claimed that Khawaja brothers were the real owners of the society as Qaisar Amin Butt had recorded his statement before a court of law to this effect.
He said Qaisar Amin Butt had partnered with Khawaja Saad Rafique’s wife in Paragon Housing and that the brothers were paid from the housing scheme. "The Khawaja brothers have admitted that they took millions of rupees as commission," the prosecutor claimed, adding that Saad's brother-in-law was also a partner in the society. However, Khawajas vehemently denied the NAB claim.
“If money is earned through illegal means and still mentioned in tax returns, it does not make it legitimate,” he added.
The NAB prosecutor said that in a statement, given to NAB, Shahid Butt, another accused, had alleged that Saad used to come to every meeting and issue people allotment letters.
“The NAB chairman has remained a judge. He doesn’t have an animosity nor friendship with anyone. He works according to the law,” he added.
In response, Saad and Salman’s counsel Azam Nazir Tarar argued that “from the total profit of the Executive Builders, only 6 percent was taken by their clients,” and that “they had declared whatever they had earned”.
The NAB prosecutor said the duo had “allotted one house to as many as three different persons.” Saad Rafique, however, rejected the allegation. He stated that the inquiry against the two brothers was initiated during the PML-N government.
“According to Section 24(d) of the NAB Ordinance, the reasons for arrest can be told afterwards,” the deputy prosecutor general said.
In response, the court contested the explanation by the deputy prosecutor general and said it only applied when a raid is conducted.
The NAB prosecutor also furnished written statement, stating reasons for immediate arrest of the two brothers.
According to the statement, Saad, through his benamidar (ostensible owners) wife and brother Salman in association with Qaisar Amin Butt and Nadeem Zia, launched a housing project in the name of Air Avenue, which was later converted into a new project named M/s Paragon City and record showed it was an illegal society.
The accused in collusion and collaboration with Nadeem Zia and Butt cheated the public at large and obtained illegal pecuniary benefits from the funds of illegal project despite clear directions of LDA that the society is unapproved, the reply further alleged.
Saad obtained 40 kanal plots in his own name as well as of his brother Salman’s name. By misusing his official position (being a federal minister), he secured undue benefits from the sale of commercial plots worth billions of rupees, which were not owned by Paragon.
After the duo’s legal representative gave an overview of the allegations levelled against the two brothers, the court dismissed the petition and NAB took both into custody.
Scores of PML-N workers gathered outside the court, chanted slogans and carried Khawaja Saad Rafiq on their shoulders when the personnel of NAB were on foot to arrest the former ministers.
In a brief address to the workers, Saad Rafique said the voice of people could not be silenced. He said the patience of PML-N was being tested. He claimed the NAB failed to produce any evidence against him. He instructed the workers to remain peaceful and do not obstruct their arrest.
Saad Rafique is also facing NAB inquiries in connection with financial scandals in Pakistan Railways and Ashiana-e-Iqbal Housing Scheme.
In November, the NAB shifted the director of Paragon City Housing Society Qaisar Amin Butt to Lahore. However, he was not presented before an accountability court for remand. The anti-graft body will produce him later as the transit remand had already been acquired by the NAB. He was allegedly involved in the commission of the offence of corruption and corrupt practices in connivance with co-accused Nadeem Zia and others.
Amin, in connivance with Nadeem Zia and others, had allegedly launched an illegal housing scheme known as Paragon City (Pvt) Ltd in 2005 on the basis of forged and fabricated documents with alleged approval from TMA Aziz Bhatti Town, Lahore.
In 2013, all TMA-approved housing schemes were transferred to the Lahore Development Authority (LDA). However, the record of Paragon Housing Scheme was intentionally not shifted to the LDA by the accused. Paragon City Housing Society has so far not been approved by the LDA. Thus, Amin, being the beneficial owner, was running the said housing scheme unlawfully.
The money collected from the public for the scheme was used for personal benefits of the accused instead of providing timely development and possession of plots to the allottees of Paragon City.
In October, the Directorate General of Immigration and Passports (DGIP) had blacklisted Saad and his brother on the NAB request.
The name of Qaiser Amin Butt had also been added to the blacklist of the Passport and Immigration Department, according to local media reports.
Our correspondents add: Hamza Shahbaz was prevented from boarding a Doha-bound flight by immigration officials at Allama Iqbal International Airport on early Tuesday morning.
Sources said the PML-N leader was supposed to travel to UK via Doha on a Qatar Airways flight but was informed that his name was on Exit Control List (ECL) and he could not proceed.
It is pertinent to mention here that last month the NAB had requested the Ministry of Interior to place the names of Hamza Shahbaz and his brother Salman Shahbaz (already in UK), sons of PML-N president and former Chief Minister Shahbaz Sharif, on the ECL as the two were facing a NAB inquiry into the Ramzan Sugar Mills case.
The sources further said Hamza's name was placed on the ECL amid fears he might flee abroad during the investigation like his brother Salman, who was successful in leaving the country in late October this year.
The NAB is holding an inquiry against Hamza and Salman regarding construction of a bridge in Chiniot which allegedly facilitated Ramzan Sugar Mills owned by the Shahbaz family. The NAB claimed that Rs200 million were paid from national kitty and Shahbaz Sharif allegedly illegally ordered for construction of the bridge. The NAB is also probing construction of a drain which allegedly facilitated Ramzan Sugar Mills and money for the construction of that drain was also allegedly paid from the national kitty.
In another development, the NAB initiated a complaint verification process against the PML-N spokesperson Marriyum Aurangzeb for accumulating assets beyond known sources of income.
A NAB spokesperson said they have initiated the probe after receiving a complaint against Marriyum.
"We cannot reveal the complainant's name at this time," the spokesperson said. Further, the spokesperson said that the complainant has provided details of assets owned by the PML-N leader.
Meanwhile, Shahbaz Sharif said while talking to reporters after a meeting of the joint opposition leadership that official high-handedness was committed in the placement of Hamza Shahbaz's name on the no-fly list. He said it was a sign of a "civilian dictatorship".
Shahbaz also condemned the NAB’s move to issue summons to the PPP chairman Bilawal Bhutto Zardari in a property case and to take PML-N leader Khawaja Saad Rafique and his brother Salman Rafique into custody. He once again alleged that the NAB and Prime Minister Imran Khan were in an "unholy alliance".
“The NAB cannot prove anything against us, he said.
Nawaz Sharif, meanwhile, also expressed disappointment over the current state of affairs. Nawaz Sharif is no stranger to speaking to media. His informal talks with journalists has been well known, where he often talked freely with them on wide-ranging topics and even cracked a joke or two.
However, his recent, much quieter appearances have had journalists intrigued, so much so that one of them asked Nawaz as he made an appearance at an accountability court in Islamabad why he has stopped laughing.
“What laugh? We couldn’t even cry out loud,” the ex-premier replied.
Later, as he sat in his car, Nawaz turned to the reporter and said, “I apologise for my remark. It was short but it came from the heart.”
Former president Asif Ali Zardari also condemned the arrest of Khawaja Saad Rafique and Salman Rafique and said that as it is exposing the brutalities of the government.
“The targeting of political opponents is attributed to dictators and PTI's leadership is weakening its own government by victimising the opposition. This is proof enough that the governing party is compromising on the sovereignty of the Parliament,” he said.
