PESHAWAR: An accountability court here on Saturday acquitted director (archaeology and museums) Dr Abdul Samad and six other employees of the directorate in an accountability reference charging them of multiple offences of corrupt practices in different projects and recruitment.

Judge Naveed Ahmad Khan ruled that the prosecution had badly and miserably failed to prove the charges against the accused beyond any shadow of doubt.

The judge pronounced that the accused persons were acquitted of the charges levelled against them by extending them benefit of doubt.

The acquitted people included Dr Abdul Samad, assistant director of Peshawar Museum Mohid Gul, two superintendents of the archaeology directorate Syed Ali Anum Naqvi and Gul Bahadur, stenographer Mohammad Shafiq, research officer Bakht Mohammad and assistant curator Mohammad Asif Raza.

Declares charges of illegal recruitment, misappropriation of funds ‘not established’

Dr Samad, the prime accused, was arrested by the National Accountability Bureau, Khyber Pakhtunkhwa, on Feb 14, 2019, and was freed on bail by the Peshawar High Court on May 15, 2019.

Initially, he was charged with recruiting 85 low-ranking employees at different archaeological sites without fulfilling legal formalities.

In the reference, Dr Samad along with the other six accused were charged with misappropriating funds in the British Council and Higher Education Commission-funded Rs8.9 million Kalasha Heritage project, issuing the licence of excavation to Italian archaeologist Dr Luca Maria against the fee of Rs25,000 only and the permissible fee was Rs2.5 million, and issuing the licence of conservation and preservation of the Takhtbhai ruins to a construction company with no archaeology-related experience.

It alleged that the prime accused in connivance with others had causes loss to the National exchequer to the tune of Rs17.24 million.

Senior advocate Lajbar Khan appeared for Dr Samad and two other accused and contended that the entire reference was based on hearsay with no evidence to corroborate.

He argued that all the persons recruited as Class-IV employees were already registered with the concerned district employment exchange and their registration cards were handed over to the investigation officer, but he had not probed the same.

About awarding excavation license to Dr Luca at much lower rates, he argued that the provincial government had amended the KP Antiquities Act, 2016, in the year 2020 and the license fee was reduced from Rs2.5 million to Rs25,000.

He contended that the said amendment in the law was applicable from 2016, so his client had not committed any illegality.

Lajbar Khan argued that the construction firm awarded contract of preservation/ conservation of the ruins at Takhtbhai had earlier experience of executing different archaeology-related projects in Afghanistan.

Moreover, he contended that the allegations of misappropriation of funds in the British Council and HEC-funded Kalasha Heritage project were baseless as the said fund was released in different installments after verification by both the British Council and HEC through a third party.

He said his client was the principal investigator in the said project which was for research purpose and executed through University of Hazara.

He contended that in the projects wherein the NAB had charged his client of receiving salary as project director, he was given due permission by the provincial government and had not committed any illegality.

The arrest of Dr Samad had triggered a public outcry, especially on social media, with his supporters highlighting his contributions to the development of the fields of archaeology and tourism in the province.

The then prime minister, Imran Khan, had also taken notice of his arrest over a tweet by a senior journalist.

While re-tweeting the journalist’s message, he had remarked, “The NAB Chairman should take action against those in his institution who are responsible for this disgraceful act.”

Published in Dawn,June 19th, 2022