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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:
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.
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.
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.
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.
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.
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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