"The CM (Nawaz Sharif), in the presence of the judicial orders by the courts from district & sessions to Supreme Court had no authority to pass the directions in contradiction with these orders; hence it was clearly misuse/abuse of powers. The then CM is fully responsible for this lapse," said the report. It also held the revenue field staff, including patwaries, Qanoongos, tehsildar, and concerned officers were responsible for these illegalities.
Auqaf Department's land, measuring around 14,400 kanals in Pakpattan, was given to an individual, Dewan Ghulam Qutab, in 1985-86 in violation of a Lahore High Court order by cancelling the notification dated 17-12-69, declaring that the land was of Waqaf Auqaf Department. The precious Auqaf land is situated around revered Sufi Saint Baba Fareed-ud-Din Ganj Shakar's shrine in Pakpattan.
According to the report, Auqaf Department through notification dated 17-12-69 took over the land measuring 8,273 acres and assumed the administration, control, management and maintenance of the Waqaf properties attached to the Shrine of Hazrat Baba Fareed-ud-Din Masood Ganj Shakar, Pakpattan.
Ghulam Qutab-ud-Din, custodian of the said shrine, challenged the notification in Sessions Court, Sahiwal but failed to get decision in his favour as the petition was dismissed on 18-05-1977. He then filed an appeal in the Lahore High Court. However, the LHC maintained the order of the Sessions Court. He then approached the apex court against the LHC order, which on 17-05-81 issued status quo.
Ghulam Qutab-ud-Din continued pursuing the appeal in the Supreme Court and in the meanwhile presented an application to the then Chief Minister Punjab through the Governor Punjab on 12-08-1986 to withdraw the 17-12-69 notification.
Syed Javed Iqbal Bukhari, the then secretary to CM Punjab, on the same date (12-08-86) made a hand note on the margin of the application, saying: "CM has ordered that the case may be put up with your comments by 12:00 noon on 13-08-86 and handed over to Secretary Auqaf."
Muhammad Yousaf Khan, the then Secretary Auqaf/Chief Administrator Auqaf, Lahore on the application of Dewan Ghulam Qutab-ud-Din submitted a summary for seeking appropriate orders from the CM Punjab. He stated in the summary that custodian of shrine Baba Ghulam Fareed-ud-Din was owner of large acres of land, who voluntarily gave 6,000 acres to the Auqaf Department in 1961. However, the Auqaf Department in 1969 took major portion of land in pursuance of Notification No. 3(4) Auqaf 60-1 dated 17-12-69.
The report maintained that the record reveals that the summary was presented before the CM Punjab and depicted the written note of the then secretary to CM Punjab which says; "The Chief Minister has seen and ordered as under: The notification No. 3 may be withdrawn immediately by the Auqaf Department." The case was adjourned for two weeks.