PESHAWAR, June 21: An accountability court on Saturday acquitted Water and Power Minister Aftab Ahmad Khan Sherpao, former senator Haji Gul Sher and three other accused in the Ring Road land acquisition reference.

The court, presided over by Said Maroof Khan, pronounced that the prosecution could not prove its case against accused Aftab Sherpao, Haji Gul Sher, Mosam Khan, a former Tehsildar, and Patwaris Dilawar and Nisar.

The court issued perpetual arrest warrants for five of the absconding co-accused and declared them proclaimed offenders. Former provincial minister Habibullah Kundi, Syed Ayub Shah, a former land acquisition collector; and three brothers of accused Haji Gul Sher — Haji Khatam Gul, Jam Sher and Juma Sher — have already been sentenced in absentia to three years rigorous imprisonment under Section 31-A of the National Accountability Bureau Ordinance, 1999.

Hailing the verdict, Mr Sherpao said judiciary was independent in the country.

The five under-trial accused were charged with inflicting a loss of Rs310.067 million to the exchequer in connivance with the absconding accused. According to the chargesheet, they had fraudulently got fixed compensation of the land acquired for the Ring Road project at inflated rates.

Four of the accused were arrested on April 19, 2001, and the reference was filed on Sept 11, 2001. Later, when Mr Sherpao surrendered to law in early 2002, charges were also framed against him on Feb 11, 2002.

Earlier on June 7, the accountability court had reserved its judgment after completion of arguments by defence lawyers Abdul Sattar Khan and Zafar Abbas Zaidi, and National Accountability Bureau counsel Amjad Zia.

Mr Sherpao and a large number of his supporters were present in the court room when the verdict was announced. He was taken from the court in a procession with his supporters chanting slogans.

The defence had argued that the accused had not inflicted any loss to the exchequer.

They said the rate fixed for the land by the land acquisition commissioner was in accordance with the prevailing market rate.

Mr Zaidi argued that Mr Sherpao was not chief minister when the land was acquired. He said the only charge against Mr Sherpao was that he had not filed an appeal against the said award. He contended that Mr Sherpao was not competent authority to file the appeal as it was the job of the board constituted for that purpose.

Mr Sherpao flew out of the country on Jan 31, 2000, when Nab started hunt for him. He returned back from the United Kingdom on Jan 6, 2002, and faced trial in three references since. In two of the references pertaining to illegal appointments in the education department and plot allotment in Hayatabad Township, he was acquitted by the accountability court last year.

His conviction in absentia and three years imprisonment awarded by an accountability court for absconding was set aside by the Peshawar High Court last year. He now faces trial for his illegal exit from the country.

Besides, Nab had started an inquiry about Mr Sherpao’s foreign currency accounts but that inquiry was later shelved due to unknown reasons.