September 17, 2002	Tuesday	Rajab 9, 1423

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PESHAWAR, Sept 16: Dismissing an appeal, a two-member bench of the Peshawar High Court on Monday upheld the conviction of a former director-general of Peshawar Development Authority (PDA), Syed Zahir Shah, by an accountability court in Hayatabad plots allotment case.

The bench comprising Chief Justice Mian Shakirullah Jan and Justice Qazi Ahsanullah Qureshi, had reserved judgment on April 23 after completion of arguments of appellant’s counsel Babar Awan and representative of the National Accountability Bureau, advocate Abdur Rauf Ghandapur. The appellant was fined Rs 0.4347 million by the court.

The appellant was charged with former NWFP chief minister, Aftab Sherpao and former secretary of housing and physical planning, Jawed Alam Khanzada, in the reference. Mr Sherpao was acquitted by the court, whereas Khanzada was released after his plea-bargain was accepted.

The appellant was convicted in August 2001 and fine was imposed on him.

Babar Awan had argued that the judgment of the trial court was based on the presumption that the appellant had violated the rules, but no rule was quoted by the court which was violated.

He contended that when the prime accused, Jawed Khanzada, was released after paying the money the spirit of the law was fulfilled following which the appellant could not be sentenced.

Mr Awan had contended that the preamble of the National Accountability Bureau Ordinance, 1999, stated that the law was meant for recovery of the looted money. Moreover, he stated that the allegation against the appellant was that he allowed allotment of plots on a rate much lesser than the market rate.

He added that the appellant had acted in accordance with the order of the concerned minister.

He questioned why the persons who processed the summary to the appellants were not included in the reference.

Mr Gandapur stated that appellant had allotted plots to a person named Abdur Rehman, who was servant of Khanzada. He added that instead of the rates prevalent in 1996, the appellant allowed the allotment on rates of 1988, thus he inflicted a loss of Rs 0.434 million to the exchequer.