ISLAMABAD - The Supreme Court on Friday ordered the two companies - Elezium Holding Pakistan and Island Private Limited - involved in sale of billions of rupees Gurdwaras land to DHA to return Rs986 million by June 10, 2013.
The court also ordered the heads of the companies Shirjeel Muhammad Shah and Muhammad Hamad Arshad to submit their passport at the SC Registrar office. The court ordered FIA that in case they don't deposit money then arrest them after registration of cases.
Sardar Ram Singh, ex-member District Assembly Malakand (Dargai), and others had filed an application in the Supreme Court therein argued that Chairman Auqaf Property Board is unlawfully selling Evacuee Trust Property. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry granted one-week time to former chairman Evacuee Trust Property Board (ETPB) Asif Hashmi to appear before the court.
Hearing the case, the Chief Justice remarked that Pakistan was a civilised country, where the minorities have equal rights. He said such incidents tarnish the image of Pakistan in the world. The CJP said: "When we go abroad people talk about discriminatory attitude with the minorities, which is wrong."
Hamid Khan, appearing on behalf of Asif Hashmi, informed that his client was in Saudi Arabia to perform Umrah. The learned counsel told that he had talked to the former chairman ETPB and informed him that court had summoned him. Hamid Khan prayed to the court to give one-week time.
The petitioners' counsel told the bench that last night he met with one of the members of the ETPB, Azra B Shujat. He said Azra Shujat gave her written statement to him about the agreement to sell Trust's land to DHA. The lawyer read statement in the open court.
According to that during the tenure of Asif Hashmi as chairman ETPB several meetings of the trust were held regarding the investment of evacuee trust properties but in none of them this issue was brought on agenda or discussed. "Later on it came to her knowledge that approval about the deal was obtained from the federal government.
Azra Shujat's statement further said that the board members were unaware of the deal, as the chairman didn't inform anyone. The learned counsel informed that it also came to his knowledge that some money out of total amount was invested in the stock exchange, which was illegal as that was public money.
FIA Director (Legal) Azam Khan informed the court that both the companies received Rs 986 million from the deal, which with mark up now is Rs 2.97 billion. The Chief Justice asked the CEO Elezium Muhammad Hammad Arshad that both of them have to return the money as the property belonged to Sikh. The CJP asked them, "If you would not submit the amount then FIA after registering a case would arrest both of you."
Muhammad Hammad Arshad informed that he bought the company last year, while the agreement took place in 2009. "Neither I received this amount nor used it." The Chief Justice asked him that he had purchased the company with the profit and loss. "If you get the profit then you also have to bear the loss," he added.
The CEO Island prayed to the court that he only owed Rs280 million but he didn't have this amount in cash therefore one month time be given to pay back that amount by selling his properties. The court, however, rejected his request and ordered him to deposit the amount by June 10 otherwise be ready for arrest.
The case was adjourned till June 14.