27 January 2004	Tuesday	04 Zilhaj 1424

KARACHI, Jan 26: The Sindh High Court rejected on Monday former navy chief Mansoorul Haq's plea for suspension of his sentence and release on bail pending hearing of his appeal against his conviction by an accountability court.

An identical application by co-convict Mirza Ashfaq Baig, a retired commodore who served as director of the Pakistan National Shipping Corporation, was similarly held unmaintainable by the SHC accountability appellate bench comprising Justices Ghulam Nabi Soomro and Azizullah M. Memon.

They were awarded seven years of rigorous imprisonment each by accountability judge Parkashlal Ambwani for causing a loss of about Rs1.85 billion to the public exchequer by purchasing defective oil ships for the PNSC, which were ultimately found unserviceable.

Mr Haq, who headed the corporation before taking over as the navy chief in the mid-1990s, inducted his favourites from the naval force to key positions in the PNSC to get the deal through.

The convicts were also fined Rs2 million each. A third co- accused, retired rear admiral Javed Ali was sentenced to three years for evading the process of law and absconding from the trial.

The convicts challenged the accountability court judgment as unjust and unwarranted. They said there was no evidence at all to connect them with the commission of alleged crime. They had no art or part in the ships' purchase deal. The transaction was concluded in accordance with the PNSC rules of business and was duly sanctioned by the various PNSC and government committees assigned the job.

Mr Haq additionally took the plea that he was prosecuted despite a plea bargain with the prosecution agency, the National Accountability Bureau, under which he paid 7.5 million US dollars to win immunity.

Mr Baig also said his appointment to the PNSC had nothing to do with Mr Haq. He was deputed to the office on merit and not because he was 'sponsored' by Mr Haq. He was director for shipping management and was not involved in the acquisition of ships.

Their appeals were admitted to regular hearing in due course and they sought suspension of their sentence and release on bail in the meanwhile. They said the hearing of the appeals was likely to take considerable time and their sentence should be suspended in the interest of justice. No 'useful purpose' would be served by keeping them in jail.

Opposing the pleas, Deputy Attorney-General Anwar Tariq submitted that the appellants had been convicted by a well-reasoned judgment based on the requisite evidence. The scope of Section 426 CrPC was very restricted and it could be invoked for suspension of sentence only when the judgment was vitiated by an obvious flaw apparent on the face of the record.

The plea bargain was fully honoured by the NAB in respect of the case it covered. There could be no absolute immunity from criminal prosecution, he argued. Advocates Azizullah Shaikh and Iqtidar Ali Hashmi represented the appellants.