PESHAWAR: An accountability court has acquitted 12 people, including a former provincial minister, on the charge of causing Rs355.2 million loss to the exchequer through the illegal award of a mining contract to a woman schoolteacher in 2009.

Judge Naveed Ahmad Khan ruled that the prosecution badly failed to prove the charge of the misuse of authority and corruption and corrupt practices against the accused.

He added that it was also not established that the accused had facilitated the award of the prospecting licence of proven phosphate deposits near Tarnawai village in Abbottabad district for a meagre amount of Rs14,980 to Rukhsana Javed in violation of the Khyber Pakhtunkhwa Mining Concession Rules, 2005.

The accused included former mines and mineral development minister and Peoples Party leader Nawabzada Mehmood Zeb, former technical education and minerals secretary Shah Wali Khan, former additional secretary of the department Asamtullah Khan Gandapur, section officer Farhad Ali, deputy director of the department Khan Badshah, geologist at the directorate of mines and minerals Nauroze Khan, senior inspector of mines and mines commissioner Ziarat Khan, then director licensing of minerals department Shakirullah, assistant director (litigation) of the mineral department Pervaiz Khan, Mehmood Zeb’s suspected front man Ehtishamul Mulk, Rukhsana Javed’s husband Javed Iqbal, who had died during the course of trial, and business partner of the licensee Saleem Shah.

They were accused of violating rules

Except the last two accused, the others were arrested by the National Accountability in July 2015 but were released on bail afterwards.

In the reference, the NAB alleged that Mehmood Zeb in connivance with the other suspects had misused his authority in illegal allotment of 500 acres of proven deposit of phosphate to a woman schoolteacher, Rukhsana Javed, who illegally excavated phosphate in collaboration with the front man of the minister and jointly caused loss to the national exchequer

It was alleged that Sarhad Development Authority (SDA) held an area of 1200 acres of phosphate under Mining Lease from 1985 to 2005. The area, it was added, was surrendered in 2005 and was required to be put through open auction as per Mining Concession Rules, 2005.

The NAB said in an illegal manner, the then minister presided over a meeting on Jan 1, 2009, wherein the award of the prospective mining licence to the woman was decided.

It was alleged that Mehmood Zeb signed minutes of the said meeting two days after the woman made a partnership with his front man on Jan 19, 2009.

The NAB alleged that the prospective licence of the area was given to her in return of the petty amount of Rs14,980, which was the licence fee, though the site had proven deposits of phosphate.

Lawyers Syed Mudasser Ameer, Yasin Raza, Isaac Ali Qazi, Mohammad Taif Khan, Amad Azam, Taimur Haider Khan, Zile Huma, Aamit Ali andf Syed Asif Ali Shah appeared for the defense.

The court ruled that it could not be proved that by awarding prospecting license undue favour was extended to accused Ehtishamul Mulk and the licensee and had resulted in loss to the exchequer to the tune of Rs 355 million.

“The charge against the then minister being based on surmises and flimsy footings cannot be proved in the absence of any tangible evidence,” the judge observed.

The court ruled that the NAB had discarded relevant statutes, rules, regulations and related judgments of the superior courts, which was against the principle of social justice, freedom, inviolability of dignity of man and protection of law as provided by the Constitution.

The judge ruled that all and sundry had been implicated alike indiscriminately, without considering their distinguishable roles and job description.

“Officers having no decision-making authority have been charged for alleged misuse of authority, while the Licensing Authority, who initiated processed and eventually issued the disputed prospecting license, has been given the status of a prosecution witness and that too in a prime facie, fishy manner,” he declared.

Published in Dawn, May 12th, 2022