PESHAWAR: A Peshawar High Court bench on Thursday admitted to full hearing a petition of former provincial minister Ziaullah Afridi against his arrest by the Khyber Pakhtunkhwa Ehtesab Commission and inquiries against him by the two officials ‘not authorised to do so’.

Justice Waqar Ahmad Seth and Justice Irshad Qaisar directed the provincial chief secretary, chief Ehtesab commissioner and commission’s director general to file comments on the petition.

The petitioner, who is an MPA and was mines and minerals development minister in the current cabinet, said the inquiry of mines and minerals department against him and others was initiated by the two officials, including Sahibzada Behram and Nawab Khan, on May 20, 2015, and at that time, the two were even not the employees of the KPEC.

He requested the court to declare his arrest and inquiries and investigations by the two officials against him in a ‘false corruption case’ under Section 23 of the KPEC Act illegal, mala fide and without jurisdiction.

Asks relevant officials to file comments in ‘corruption’ case

Besides praying the court to quash the arrest and probe, he also sought the order to declare the appointment of the two officials illegal.

The petitioner requested the court to stop the KPEC from proceeding further against him on the basis of the investigation, which, he said, is defective, illegal and without lawful authority.

Mr. Ziaullah was arrested on Jul 9, 2015, when he was serving as provincial minister.

He was a PTI leader but his party membership was suspended after he accused Chief Minister Pervez Khattak of engineering his arrest.

Khushdil Khan, lawyer for the petitioner, said in the case of another arrested person, Noor Daraz Khan, official Sahibzada Behram had submitted certain reports as audit expert even before he was hired by the commission, showing the mala fide on his part as well as on the commission’s.

He said Sahibzada Behram and Nawab Khan were dealing with the inquiry of mines and minerals department and they had visited Mamakhel Nowshera on Jun 11, 2015 and pretended to be investigation officer and junior investigation officer.

He pointed out that apart from that different false designations were used by the officials. He said Behram used different designations like financial expert, legal expert, audit expert and investigation officer, whereas Nawab also mentioned himself as investigation officer and junior investigation officer during the inquiry/ investigation of the petitioner.

Khushdil Khan pointed out that in a list of employees provided to the provincial assembly, Nawab was mentioned as field operator and Behram was shown as the legal expert.

He said Nawab was also charged in five FIRs related to heinous crimes registered under sections 302, 324, 427, 148, 149 and 506 of Pakistan Penal Code.

He added that Nawab’s past track record showed his involvement in criminal cases and his character disqualified him for any government job.

The lawyer said both Behram, who was temporarily hired financial expert, and Nawab, a field operator, conducted investigation into the case of petitioner despite the fact that they were not competent under the law.

He asked Nawab was appointed as field operator after the petitioner was sent on judicial remand, then how he was involved in inquiry and investigation against the petitioner prior to his appointment, which was clear violation of rules.

Meanwhile, another bench comprising Chief Justice Mazhar Alam Miankhel and Justice Mohammad Daud Khan adjourned hearing adjourned hearing into a petition of Mr. Ziaullah for release on bail.

The petitioner’s lawyer, Abdul Lateef Afridi, didn’t turn up for being busy with proceedings by another court.

The petitioner was initially charged with carrying out illegal postings and transfers and facilitating illegal mining in the province.

Afterwards, the petitioner was booked in two other cases accusing him of facilitating illegal extension in lease of a lessee of chromite mines in Charsadda and facilitating illegal mining of phosphate in Abbottabad.

Published in Dawn, April 22nd, 2016