REFERENCE / COMPLAINT NO. 4/2006

Reference dated May 23, 2006 – Badshahi Mosque

Before The Chairman, National Accountability Bureau, Islamabad.

 Pakistan Peoples Party ……………………………    Complainant

 VS

1. Mr. Hassan Waseem Afzal
Deputy Chairman
National Accountability Bureau
Islamabad

2. Mrs. Farkhanda Afzal
Wife of Mr. Hassan Waseem Afzal
Secretary, Services and General Administration Department
Government of Punjab
Lahore             …………………………………….  Accused/Respondents

COMPLAINT UNDER SECTION 9 READ WITH SECTION 10 OF THE NATIONAL ACCOUNTABILITY BUREAU ORDINANCE 1999 FOR PUNISHMENT, AGAINST RESPONDENT NO. 1 HASSAN WASEEM AFZAL AND RESPONDENT NO. 2 MRS FARKHANDA AFZAL  

Complainant submits the following reference for an impartial and expeditious trial of Respondent Hassan Waseem Afzal and his wife co-accused Mrs. Farkhanda Afzal for commission of offenses as define under Section 9 (VI) of the National Accountability Bureau (NAB) Ordinance 1999 for misusing of their official authority jointly for extending undue benefit to themselves and to their daughter on the occasion of her marriage. 

The relevant facts constituting the offenses of corruption, corrupt practices and misuse of authority on part of accused Hassan Waseem Afzal and co-accused his wife are detailed as following: 

1. That both the accused are the Government servants at present and were holding the same position of "holder of public office" as defined in Section 5 (m) of the NAB Ordinance 1999. Thus the acts of corruption and misuse of authority fall squarely within the cognizance of Chairman NAB as contemplated under Section 18 (B) of the said Ordinance.

2. That while being posted as holders of public office in the Government of Punjab in the month of July 2005, both the accused while misusing their authority unlawfully turned the sacred religious place of Badshahi Masjid Lahore into a marriage hall for the marriage ceremony of their daughter, which was their private domestic affair at entirety.

3. That by misusing their official positions both the accused respectively took over the Badshahi Mosque which is a national archive as being built in 1674 by the then Mughal Emperor Aurengzeb. The courtyard of the mosque was dragged in order to create holes to fix pillars of lighting and other installations to give it the shade of a private venue while outraging the sacredness and religious entity of the mosque which is admittedly meant only for prayers.

4. That carpets were laid, furniture was installed, fixtures were created to make it look like a marriage hall thus colossal damage to the national exchequer and this historic national property was done by both the accused in connivance of each other. As the accused / respondent No.1 Hassan Waseem Afzal was then posted as Home Secretary in Punjab, therefore, he exerted all his influence on the functionaries working under him for creating the Mughal atmosphere and comfort and for this purpose he ended up with living beyond means as he provided to hundreds of guests pairs of silk shoes for their entrance of the court yard of the Badshahi Mosque turned into marriage hall. This is the worst example of misuse of authority in the country by a public servant duly paid by the taxpayers.

5. That not only the acts of misuse of authority committed by Hassan Waseem Afzal and the co-accused Mrs. Farkhanda Afzal are cognizable offenses under the NAB Ordinance hut the same also do fall within the mischief of Antiquities Act of 1974 and the Punjab Special Premises Preservation Ordinance of 1985 but as the accused No.1 is presently serving under you as Deputy Chairman NAB therefore, no action so far is initiated against him or his wife which is an additional proof of his misuse of official authority.

6. That the Archeology Department is on record to object these acts of massive abuse of official authority and made public its concern of damaging the walls of this national monument which has history of centuries but no heed was paid to the cries of law abiding citizens of this department.

 PRAYER

In the above said premises, keeping in view of the facts and circumstances as detailed in the body of this Reference it is earnestly prayed to forthwith start the proceedings against the accused / respondent and his wife co-accused Farkhanda Afzal and in order to make the investigation impartial, it is in the best interest of the justice that Hassan Waseem Afzal is removed forthwith from the post of Deputy Chairman NAB. 

It is also requested that since the accused / respondent Hassan Waseem Afzal is a highly placed official in NAB, therefore, an independent joint investigating team be constituted to probe into his guilt and to ensure his punishment without any fear or favour strictly in accordance with law. 

Pakistan Peoples Party

Through

Nayyar Hussain Bokhari
Advocate High Court

Dated : 23 May 2006

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