March 24, 2002	Sunday	Muharram 9, 1423

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PESHAWAR, March 23: The Peshawar High Court here on Friday dismissed bail applications of former MNA of Pakistan Muslim League(N), Haji Kabir Khan, and central leader of Jamiat Ulema-i- Islam(F), Haji Ghulam Ali.

Both the leaders were arrested by the National Accountability Bureau on charges of possessing assets disproportionate to his known sources of income.

A single bench comprising Justice Qaim Jan Khan took up for hearing bail petitions of both the political leaders. Mr Khan had filed petition on medical grounds, stating that he should be allowed bail as presently, he had been suffering from chronic heart ailment and had been under treatment at the Armed Forces Institute of Cardiology (AFIC).

During the last hearing the high court had ordered for the production of medical report of the accused-petitioner. The counsel of the petitioner contended that it was evident from the medical report that the petitioner had been suffering from serious ailment. The counsel referred to various judgments of the superior courts, arguing that he was entitled to bail.

The bench turned down the petition on the ground that the accused-petitioner had already been receiving medical treatment. The court added that during his treatment he would not be summoned by the concerned accountability court. The  court referred to the judgment earlier delivered by a two-member bench of the high court in the petition of former senator from FATA, Haji Gulsher. Mr Gulsher has been suffering from paralysis, but was denied bail by the high court.

Mr Khan was earlier convicted by an accountability court and sentenced to seven years imprisonment with fine. However, the high court set aside that judgment and remanded his case back to the trial court.

The JUI leader, Haji Ghulam Ali had filed bail petition on the ground that he was falsely implicated in the case and the properties mentioned by the NAB against him did not belong to him. He was arrested in April last year.

His counsel argued that there was no evidence which could connect the petitioner with the properties mentioned by the NAB.

The high court turned down his plea and observed that at this stage he was not entitled to bail under the NAB Ordinance, 1999.