PESHAWAR, Feb 6: An accountability appellate bench of the Peshawar High Court commuted here on Thursday the sentence of a former MNA of the Pakistan Muslim League-N, Haji Kabir Khan, to three years imprisonment with a fine of Rs21 million.

The bench, comprising Justice Nasirul Mulk and Justice Shehzad Akber Khan, directed the appellant, Haji Kabir, to deposit the fine within one month. The bench had reserved its judgment on the appeal on Nov 26 last.

The appellant was convicted by an accountability court on July 9, 2001, for possessing assets disproportionate to his known sources of income and was sentenced to seven years imprisonment with a fine of Rs350 million. The trial court had acquitted his five brothers and three sons, who had also faced the trial along with him.

Earlier, the high court had remanded his case back to the trial court, but the Supreme Court of Pakistan directed the high court to decide the appeal instead of remanding it to the trial court. The high court had observed that the appellant had become an MNA for the first time during the general elections of 1993, thus, he should be considered holder of a public office from that year.

Advocate Abid Hassan Minto had appeared for the appellant and contended that according to the prosecution there were few properties acquired by the appellant after 1993 which included Rumi Flour Mills, Bannu Sugar Mills, Civil Centre Lahore and some pieces of land in D.I.Khan. He contended that the flour mill, the sugar mill and the Civic Centre mentioned by the National Accountability Bureau belonged to the brothers of the appellant.

The appellant’s counsel argued that Mr Kabir Khan had declared his properties before the general elections of 1993 and 1997 and had not concealed anything. He further contended that the appellant was a regular tax payer and had never evaded tax.

Deputy prosecutor general of the NAB, Mian Fasihul Mulk, contended that the properties mentioned by the NAB belonged to the appellant and his brothers were in fact benamidar.