PESHAWAR: The Peshawar High Court on Thursday dismissed a National Accountability Bureau petition against the non-summoning of six police officers by an accountability court for indictment in a high-profile weapon procurement corruption case.

After the two sides finished arguments, a bench comprising Chief Justice Mazhar Alam Miankhel and Justice Abdul Lateef Khan pronounced a short order of dismissing the petition and upholding the accountability court’s order.

The police officers, who were named by the NAB in the reference but were not summoned for trial, include then Frontier Constabulary commandant Abdul Majeed Marwat, former Khyber Pakhtunkhwa additional IGP (operations) Abdul Latif Gandapur, DIG at the central police office Sajid Ali Khan, then DIG Headquarters Peshawar Mohammad Suleman, then AIG (Establishment) at CPO Kashif Alam and then DIG (telecom) Sadiq Kamal Orakzai.

In March 2014, the accountability court declined to summon these police officers citing the NAB failure to explain their offence as a major reason.

The court observed that the position of the suspects had yet to be spelled out and construed by the NAB authorities under the law and under the relevant provisions of the Code of Criminal Procedure.

NAB had challenged verdict against calling corruption suspects for trial

Later on Nov 24, it dismissed the NAB application and stuck to its earlier decision of not summoning the six police officials. The court observed that the NAB failed to produce convincing and solid reasons about the un-arrested position of the suspects and that whenever any convincing reason was given, the court would summon them accordingly to face the charge at any stage.

Upset at the accountability court’s orders, the NAB moved the high court saying the trial court had erred by not summoning suspects to stand trial as they were members of the purchase committee which awarded lucrative contracts to private contractor Arshad Majeed, who later turned approver in the corruption case.

Deputy prosecutor general Mohammad Jamil Khan said once the NAB declared six suspects the accused in the case, the court had no powers to decline their summoning for trial.

He said the trial court could either acquit or convict a suspect.

When the bench asked why the said police officers were not arrested and four other suspects were in custody, the prosecutor said the four were held as they faced the charge receiving kickbacks from the contractor, whereas the six police officers were accused of irregularities.

Samad Khan, Mudassar Ameer and Khalid Mehmood, counsel for the police officers, said the NAB had not mentioned specific allegations against their clients and even they were not arrested.

They said contractor Arshad Majeed charged the other four suspects, including former provincial police officer Malik Naveed, budget officer of police Jawed Khan, former chief minister Ameer Haider Hoti’s brother Gahzan Khan and Ghazan’s brother-in-law Raza Ali, with receiving kickbacks from him.

The lawyers said in a statement recorded before a magistrate, Arshad Majeed didn’t name any of the six police officers for committing any wrongdoings.

They said the six officers had not been charged with inflicting losses to the kitty or making any illegal gain in the said procurement.

Published in Dawn, March 27th, 2015

On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play