12 July 2004	Monday	23 Jamadi-ul-Awwal 1425

PESHAWAR, July 11: After having suspended the remaining sentence of a convicted drug trafficker, the NWFP government is now actively considering to withdraw cases against him which are being heard in the courts of laws , official sources and documents available with Dawn reveal.

In a summary to the NWFP Chief Minister, Mohammad Akram Khan Durrani on Wednesday, the NWFP Home Department referring to an application moved by the convict, Amanullah Khan Kundi, said that the applicant had sought the withdrawal of two cases against him that involved harbouring criminals and his escape from police custody.

Mr Kundi, who had been sentenced to 25 years' rigorous imprisonment by a speedy trial court in Karachi in 1991 for attempting to smuggle 10 kg of heroin, had his sentence suspended by the NWFP government earlier on medical grounds.

The manner in which the medical board was constituted and the summary for the suspension of Kundi's sentence pushed through had raised eyebrows in official circles.

While the board had said that the convict was a 'high-risk patient' and had cited "life threatening events" to recommend the suspension of Mr Kundi's term in jail. The chief minister, agreeing to the summary moved by the Home Department, suspended the sentence under Section 401 of the Criminal Procedure Code which deals with suspension, remissions and commutations of sentences by a provincial government.

Officials acknowledged that a senior MMA leader had been behind the move to get the influential Kundi out of the jail to pay back for his alleged support to him during the last general elections in Dera Ismail Khan.

Incidentally, however, Kundi did manage to have his sentence suspended in the drug trafficking case, he could not get out of jail due to two cases that were still pending before the courts for adjudication.

He is facing charges under section 216/216-A of CrPC and 120B /109 /225 /224 /119 /223 /225-B /221 CrPC and 42 Jail Act. The two cases were lodged against him in Police Station Tank in 1983 and 1993 respectively.

The cases pertain to harbouring offenders who have escaped from custody, robbers and dacoits and his own escape from police custody from a hospital in September 1992 where he had been getting medical treatment.

He remained absconder for over a decade but turned himself in to the authorities in April 2003. Most intriguing in this whole exercise is the timing of the latest summary to seek the withdrawal of the two pending cases.

Apparently, the summary based on Mr Kundi's application, was moved on July 7, after a single -judge bench of Peshawar High Court dismissed his bail application on June 4, declaring that the convict did not deserve to be released on bail.

The summary quoted Mr Kundi as saying that he needed to be out of jail to seek medical treatment. He is presently lodged at District Headquarters Hospital, Dera Ismail Khan.

The NWFP Law Department giving its opinion on the case said that the provincial government could seek the withdrawal of cases under Section 494 of CrPC, through the public prosecutor.

The summary added that while Mr Kundi had been charged under Section 216/216-A of CrPC, he had never been arrested in the case and all this time, he had not only contested elections but had also won his seat as an MPA and had become a minister in the government of Mr Aftab Ahmad Khan Sherpao.

"The police could neither give any justification for not arresting the accused in such an old case nor could it give any justification for not completing the case in such a long time. Convicting the accused in such an old case is also a question mark.

"Besides, the sentence of the accused in the main (drug trafficking) case has already been suspended. Therefore, the accused request for the withdrawal of cases against him carries weight," the summary from the Home Department said.

Official sources said that contrary to the Home Department's assertion advocating the withdrawal of cases against Mr Kundi, the Anti-Narcotics Force, the NWFP police and the Prime Minister Secretariat had strongly opposed the move. The summary has now been sent to the chief minister for his decision to Nathiagali. A decision is likely to come in the next few days.