State ve. IN THE COURT OF SOHAIL NASIR, DISTRICT & SESSIONS JUDGE/TUDGE ACCOUNTABILITY COURT NO-IIT, RAWALPINDI (Reference No. 08 of 25.02.2016) The State through Chairman NAB Vs, Khalild Shah son of Nazakat Shah, cast Phatan, aged 46 years, profession business, resident. of house no-A-129, Block-18, Gulshan-e- Tgbal, Karachi Present: Mr. Muhammad Wagar Abbasi senior Prosecutor for NAB Khalid Shah accused in custody Ms. Sadia Kalsoom L.O. ORDER 4. From 2010 onwards, NAB authorities received various applications from members of public at large that Khalid Shah (accused present) and Malik Muhammad Azam (accused on physical remand till 02.03.2016) had introduced a project in the name of ‘Lake Vista Residencia”. On the pretext of that scheme both accused had received millions of rupees from public at large but no plots were given to any of them. 2, On 11.03.2015 investigation was authorized and both accused were arrested on 10.02.2016, 3. The claims against both accused were Rs. 16435360/- (one crore, sixty four lacs, thirty five thousands, three hundred and sixty) During investigation both accused through independent applications offered the decision of case on the basis of plea bargain (PB). 4. After doing needful total liability against both accused was determined as Rs,27295846/~ (two crore, seventy two lacs, ninety. five thousands, eight hundred and forty six) which includes Karachi interbank offered rate (KIBOR). oP & Admittedly share of Khalid Shah accused in the project|was © 40% s0 liability against him was determined finally as Rs.109183§8/- (one crore, nine lacs, eighteen thousands, three hundred & thirty eight). Remaining amount was against Malik Muhammad Azam accused. In these terms offers of both accused was finally accepted by Chairman NAB with an addition to the extent Khalid Shah that he would surrender hi 79 Kanals land in the name of TMA Potohar Town for any future abil Okbe6. Yesterday on behalf of Khalid Shah accused two pay orders of full liability against him were submitted in Court. Pay order No. 01781747 was for Rs.5500000/- (fifty five lacs) of Meezan Bank Bait- ul-Mukarram Masjid Branch Karachi and other was No, L181007855 for Rs.5,418,338/- (fifty four lacs, eighteen thousand, three hundred & thirty eight) of alBaraka Bank Provincial Trade Center Gulshan-e-Igbal Branch Karachi, Both pay orders were in the name of Chairman NAB. Original pay orders were handed over to investigating officer for onwards transmission to concerned quarter and copies thereof were placed on file, ; 7. It is also important to add here that matter of Malik Muhammad Azam Khan for certain clarifications is still under process and he is on physical remand till 02.03.2016. 8 Today an application has been moved by Chairman NAB through learned Prosecutor seeking approval of PB. It has been termed as a Reference now. 9. Attending the question of surrendering of property by Khalid Shah accused I have strong reservations being the custodian of rights of the parties. Admittedly all claims received till yesterday were taken into consideration and on the basis thereof amount was finally determined, On 10.08.2014 NAB had made a publication in national newspaper inviting the applications from aggrieved persons within 15 days from said advertisement. Again on 23.12.2015 publication was made in similar manners by giving the time of another 15 days. Therefore on two occasions public at alrge was informed. Whoever approached the NAB he/she has been accommodated by taking into consideration his/her claim. NAB cannot sit over a matter for an indefinite period being personal servant of everyone but it has to act as public servant. NAB cannot agitate the case of a person who till today has not come forward. If this practice is allowed continuing then no case of such nature shall.come to an end. Purpose of cut of date is also with an intention to close the chapter finally. In these circumstances when there is no claim at all now before NAB and claims qpitheady available have been satisfied, how a future liability can be go fixed. Therefore recommendations of Chairman NAB to that extent is me ox ~ modified in a manner that land of Khalid Shah accused measuring 30- Kanals, comprised over Khasra no. 372, 402 to 404 and 406, Khata no. 22/46/49/50 and 49 Kanals comprised over Khasra no. 379 Khata no, 18/163 of Moza Dhok Abdullah, Tehsil and District Rawalpinal shall remain under caution for a period of six months starting from today. Tf ne further claim is received during this period, the caution shall be removed automatically,10. Coming to State vs. Khalid Shah ‘Order i the consequences of plea bargain Khalid Shah accused has to face disqualifications under section 15 of the National Accountability Ordinance, 1999. Hence it is directed as under: - a) 4 Khalid Shah shall be deemed to have been convicted for the offence under section 9 (a) (ix) red with 10 of NAO, 1999. He shall stand disqualified for a period of ten years, to be reckoned from today for seeking or from being elected, chosen, appointed or nomindted as a member or representative of any public body or any statutory or local authority or in service of Pakistan or of any Province. - 11. Khalid Shah convict is in custody, He shall be released forthwith if not required in any other case. File shall be consigned to Announced 25.02.2016 record room of DCO Rawalpindi after its due compilation. ob. (SOHAIL NASIR) Judge Accountability Court-IIL, Rawalpindi It is certified that this order consists of three (3) pages. Each page has been dictated, read and signed by me. ad (Judge Accountability Court-IIL) Rawalpindi ATTESTED 7Q HE TRUE “FY ey 80,1 ee Pryiacrisidh ofe is 40 of Abplicat | Date of Date of