Property case: Summoned 30 times, accused failed to appear in court

KABUL (Pajhwok): Some accused in above two million US dollars worth property cases did not appear before the court despite being summoned 30 times and two of the accused have been sentenced to jail terms in absentia. Documents received by Pajhwok Afghan News show some of the accused have sold property and received money but the buyers claim they have not been handed over the property.
One of the defendants stated that the matter was sub-judice and that if someone other than the court heard the case, he would file a lawsuit. Another person Emal said he had only received $255,000 after selling the property and had not received the full amount. Pajhwok could not establish contact with some of the accused. Kabul police say the case is under investigation.
Pajhwok Afghan News has received documents showing that five persons (Emal Ahmad son of Abdul Haq, Abdul Haq son of Ahmad, Syed Wali son of Syed Mehdi, Ahmad Fahim son of Amir Mohammad and Mohammad Saleem son of Faiz Mohammad) are accused in some cases. Four of them (Aimal, Abdul Haq, Mohammad Saleem and Syed Wali) are former employees of the acquisition department of Kabul Municipality.
According to a document, a copy of which was obtained by Pajhwok, Emal Ahmad on October 12, 2012, sold a building in Khushal Khan project in the 5th District of Kabul City to Azizullah, son Mohammad Amir, for $462000. Ahmad received the entire amount in lump sum. The building includes eight-story living rooms and a technical floor. Emal also sold a 218-square-meter plot of land in the commercial area of ??Kabul’s Qawa Markaz area to Azizullah for$ 550,000 on Sept. 7, 2016.
According to the same document, if a claim is made against the land, the seller of the land (Emal Ahmed) is liable and will pay a million dollars in compensation. A copy of a separate letter says Emal sold two apartments in the 11th block of the Khushal Khan project in Kabul city having three and four rooms to Azizullah for $120000 and received full cash.
It is to be noted that according to a copy of another document, Syed Wali, Haji Saleem, Emal’s father Abdul Haq and Ahmad Fahim had taken guarantee for Emal’s mentioned deals. But Emal Ahmad told Pajhwok Afghan News that Azizullah had given him only $255000 from the total amount of $934000.
Referring to the documents, he said: “If he has written the money in letters, then there must be witnesses, ask him if he had paid me or not … I don’t accept these things. He should come and say in my face that he had given me the money. I swear he has not given me the money.” However, there are thumb impressions of Emal on the documents.
Emal claims: “He (Azizullah) kidnapped us, kept us for one night and one day. But when he realized that the Taliban knew about it, he presented me in the police station. He forcibly took my thumb impressions.” Pajhwok Afghan News has received a voice clip that apparently speaks to Azizullah, saying: “All the lands that I have shown you are there, no land is misappropriated.”
He added that the case is currently pending in the court and the court will resolve it. But Azizullah said he had not been given anything from the above mentioned assets while he had paid all the money. Pajhwok tried to seek the views of Emal’s guarantor but a contact could not be established with him. In the past regime, the primary court of Kabul City second Police District ruled on December 03, 2020 that the above cash — $934,000 — should be given to Azizullah by Emal’s guarantor Syed Wali.
Emal faces other casesAn individual Haji Wakeel told Pajhwok Afghan News that Emal Ahmad sold him a three storey apartment in the ninth block of Khoshal Khan A project against $42,000. He provided a copy of a letter related to the purchase of the apartment. Haji Wakeel said: “When the apartment was not handed over to me from August 11, 2021 to September 11, 2021 then I referred to police station in the fifth Police District and they referred the matter to tribal elders. ”He said that tribal elders given Emal two more months on September 13, 2021 and later the apartment should be handed over to Haji Wakeel in the presence of fifth Police District officials.
According to the apartment purchasing letter, Emal pledged that Islamic Emirate would take decision if he failed to honor the commitment in the letter. Haji Wakeel said: “When the matter was not resolved on time then I referred to Kabul Legal Affairs Department to resolve it.” In his application to the Legal Department, he urged resolution of the issue under the Sharia law and relevant country’s laws. Mohammad Shafiq, an official of the Legal Department said, the matter had been referred to the court after investigation. Emal said: “The case is sub-judice, I have received no money — in front of who they gave me the money.
Money is not given secretly, it is given in front of someone. ”Pajhwok has another ownership letter in which it is said that Emal owed $6,810 to Mir Agha and would return the money to Mir Agha in one month unconditionally. The letter is signed by the representative of 10the Police District and it is also noted that Emal’s passport and Tazkera would be with Dr. Mir Agha till his money is not return.
Pajhwok also shared Mir Agha’s issue with Emal but he did not respond. It is pertinent to mention that the third court of Kabul City First Police District on July 03, 2021 sentenced Emal to four years in jail and $32,000 fine in forgery case. The sentence was handed down in Emal’s absence. A copy of another document showed that the primary court of Kabul City first Police District on January 08, 2021 sentenced Syed Wali, the guarantor of Emal, to three years in jail and $32,000 fine.
The Attorney General Office Crime Investigation Department in a letter dated February 23, 2020 to the Interior Ministry Crime Branch ordered the arrest of Syed Wali for the enforcement of court verdict against himIt is pertinent to mention that Hasht-i-Subh report regarding unauthorized selling of some apartments in the Khoshal Khan A Project mentioned the names of Syed Wali and Eng Emal Following Hasht-i-Subh report, the Kabul Attorney General Office put the names of some Kabul Municipality officials, including Syed Wali, Emal, Saleem on Exit Control List. One building sold to two individuals A document from a property-dealing office shows Eimal, Ahmad Fahim’s guarantor, sold a three-storey house (having six apartments and one basement) in the Khusal Khan Project-A on June 16, 2019, to Azizullah and his uncle (Mohammad Yaqoob) for $200,000. But Azizullah claimed Ahmad Fahim had also sold the house to a man named Azimullah for around $300,000.
Azimullah mortgaged five apartments separately to other people.Ahmad Zubair Kharoti said he had mortgaged an apartment for one year in the solar year 1396 for $17,000. He insisted he could stay in the house as long as Azimullah was paying his money.Meanwhile, Haji Asad, another individual, told Pajhwok he had also mortgaged an apartment from Azimullah in the same building. Without going into details, he said that Fahim and the property dealer had promised to pay his money at the earliest possible. Pajhwok tried to contact Azimullah but failed.
But another document shows Ahmad Fahim, son of Amir Mohammad, sold his 8.5 acres land in the 5th Macrorayyan area of Kabul to Azizulllah for $550,000 on April 7, 2017. He received the money from Fahim.Pajhwok has also obtained the copy of another document that indicates Azizullah sold a 550 square meters plot of land near the Kabul Airport Road to Ahmad Fahim for $220,000 on February 15, 2020. The document says $100,000 was deducted from the money in the case of a three-storery building, but Azizullah claimed $100,000 was not paid and the entire amount ($220,000) remained unpaid by Ahmad Fahim and he must pay it.Pajhwok shared the issue with Ahmad Fahim.
He said: “I have received your message. This is a legal matter that concerns the department of law and regulation and the Islamic Emirate. They have the right to make any decision. No one else can investigate the matter illegally, if you or anyone else try to investigate it unofficially and illegally, I will file a complaint.
No one reserves the right to complain.”30 inquiry lettersIn the previous government, about the three cases mentioned above, a court in the 2nd police district of Kabul ordered the guarantor of Aimal, Sayed Wali must pay $934,000 to Azizullah. However, Azizullah alleged the court order was not implemented and the accused had repeatedly been summoned. But he never turned up.After the regime change last year, Azizullah approached in November the Interior Ministry, the Kabul Legal Affairs Department, the Crime Investigation Department and the General Directorate of Security and registered a complaint against these cases.
A senior Interior Ministry official issued arrest warrants for the accused while the Supreme Court Secretariat ordered Kabul police to take strict legal action in this regard. In addition, the Kabul Legal Affairs Department instructed 15th police district personnel to produce Aimal Ahmad, Syed Wali, Ahmad Fahim, Abdul Haq, Mohammad Saleem and Mohammad Azeem, with no bail option, so that necessary steps could be initiated against them. The General Primary Court for Kabul’s third police district summoned six times Aimal Ahmad, Abdul Haq, Ahmad Fahim, Syed Wali, Mohammad Saleem and Abdul Raziq over legal matters and forgery charges. Different police stations in Kabul have issued 24 arrest warrants for Aimal, Abdul Haq, Syed Wali, Ahmad Fahim and Mohammad Saleem. Azizullah said: “Police have failed to produce the accused despite the availability of evidence against them. How would justice be ensured?” he questioned. He claimed Aimal Ahmad was arrested on the basis of mobile arrest warrant with the support of Mujahideen and handed him over to security officials in the fifth Police District to help arrest more accuse through him but Emal was freed on the same days.
Pajhwok obtained a letter from the third police district’s Primary Court written to the Kabul police headquarters, dated January 3, 2022. “Aimal should provide credible guarantees to satisfy Azizullah and then he should be freed.”Azizullah, however, blamed Kabul police for releasing Aimal without informing him.
“They did not consider my satisfaction and freed Aimal on their own.”Kabul police spokesperson Khalid Zadran said: “It was the first time that we received this type of case. An individuals, against whom 30 arrest warrants have been issued, could not arrested. This issue is under investigation by senior officials.”Zadran said: “We are trying to arrest this man and ensure justice. Pajhwok shared the issues raised in the report over the past two months with the Supreme Court spokesman, who has not yet responded.