PESHAWAR, March 29: The Peshawar High Court dismissed on Tuesday an application seeking exemption from personal appearance of convicted drug trafficker Amanaullah Kundi whose prison term has been suspended by the NWFP government. A two-member bench comprising Justice Tariq Pervez and Justice Mohammad Qaim Jan Khan fixed April 26 for next hearing with direction to the Anti-Narcotics Force to produce the convict on the date.

The bench took exception to the continuous non-compliance of the court?s order by the convict, who is also a former provincial minister, and asked the deputy attorney-general (DAG), Salahuddin Khan, as to why he was not arrested when his non-bailable arrest warrants had been issued by the high court.

Mr Khan stated that the ANF had raided various spots but did not find Mr Kundi. The court observed that the record showed that the convict was undergoing medical treatment at the DI Khan district headquarters hospital. The court directed the DAG to produce the record about the raids conducted by the ANF in search of the convict.

The bench was hearing a writ petition filed by the ANF challenging the order of the NWFP government whereby the prison term of Mr Kundi was suspended under section 401 of the Criminal Procedure Code.

The ANF has contended that the provincial government had no authority to suspend the prison term of Mr Kundi as he had been convicted in Karachi.

Advocate Ameen Khattak had filed the exemption application on behalf of Mr Kundi. He contended that Mr Kundi had been undergoing treatment at the DHQ Hospital, DI Khan, and was not in a position to appear before the court.

The bench observed that he could not be granted exemption unless he appear before the bench.

An interesting situation emerged when Advocate Yahya Afridi appeared for the provincial government and produced a letter of the law department wherein it was mentioned that he would assist the NWFP advocate-general in this case and would receive only one rupee as fee.

Mr Afridi was earlier representing Mr Kundi and had withdrawn his power of attorney during last hearing after his (Mr Kundi) continuous failure to appear before the court. The court asked him how he could now appear for another respondent.