Anti-corruption police arrested former Sindh Building Control Authority (SBCA) director general (DG) Manzoor Qadir alias Kaka and an ex-mukhtiarkar, Khair Muhammad Dahri, in Karachi on Monday after a court dismissed their pre-arrest bail applications in a case pertaining to the encroachment of a thoroughfare where the now-demolished Nasla Tower was illegally built.
The 15-storey commercial-cum-residential building on Karachi’s Sharea Faisal was demolished on the directives of the Supreme Court for having been built in violation of laws.
Qadir and Dahri are among several others booked for the illegal construction of Nasla Tower by occupying 341 square yards of a service road along Sharea Faisal.
Earlier this month, an anti-corruption court had granted pre-arrest bail to Qadir and Dahri on July 26 and 13, respectively.
They appeared before the court today for the confirmation of their bail, but judge Muhammad Ahsan Khan Durrani dismissed their bail pleas and directed anti-corruption police to arrest them. They were later remanded in judicial custody.
During the hearing, the judge directed the prosecution to submit copies of documentary evidence before the next hearing, when charges would be framed against them.
In his order, the judge noted it seemed that officials under Qadir’s command facilitated the builder in getting the approval for Nasla Tower’s plan illegally.
“Since, he was head of the department (SBA), he was supposed to refer the matter for a proper procedure prior to its presentation for approval of TP NOC (no-objection certificate) and the issuance of TP NOC”, he said. “It was not possible without his consent and an active role in such process, therefore, he too, remained with a distinctive role in the whole process.”
Qadir’s counsel argued that the area where the building was constructed was in the administrative control of the Sindhi Muslim Cooperative Housing Society. Therefore, the SBCA had nothing to do with the documentary process of lease and other relevant matters, he contended.
But state prosecutor Sharfuddin Kanhar argued that documentary evidence available with the prosecution clearly showed that Qadir’s signed the documents for the approval of extending the 780 square yard allotted for the building to 1,121 square yards on the basis of the NOC.
On these grounds, he contended that Qadir should not be granted pre-arrest bail.
The judge then observed that both Qadir and Dahri remained fugitives for a long time and were declared proclaimed offenders by the court after completing the necessary legal formalities.
At that, defence counsels contended that their clients had been ill and remained under treatment in Pakistan and Canada. They also submitted documents supporting their arguments.
But the judge overruled the argument for having “no inspiring force”.
He said it was clear from the record that several non-bailable warrants were issued for Qadir and Dahri and they were eventually declared proclaimed offenders.
No of them had come forward or initiated the investigating officer about their said inability to join the investigation, he observed.
He expressed dissatisfaction with the medical documentary evidence submitted by their lawyers and said it was presented to avoid investigation.
Qadir and Dahri appeared in court after 15 co-accused were granted bail to avail the same relief on the principle of consistency, he said.
