PESHAWAR, July 15: The chief minister has approved a summary recommending withdrawal of two remaining cases against Amanullah Kundi, a former provincial minister convicted in drug trafficking cases, officials told Dawn here on Thursday.
The chief minister had suspended the remainder of the former minister's prison term four months ago. The move had been contested by the Anti-Narcotics Force and it had moved a petition in the Peshawar High Court against the provincial government, requesting the court to declare the suspension of the Amanullah Kundi's prison term illegal.
NWFP's Deputy Attorney-General Salahuddin Khan requested a two-member bench on Thursday to stay the release of Mr Kundi as the government had suspended his prison term in a case of drug trafficking.
The bench, comprising Justice Ijaz Afzal and Justice Fazalur Rehman Khan, declined to issue a stay order in ANF's favour and instead sought comments from the provincial government. The court fixed July 27 for the next hearing.
Salahuddin Khan termed the provincial government's act illegal and said that drug traffickers were not even allowed special remissions and if the high court did not stay Mr Kundi's release, he would be freed by the provincial government in the next few days.
The provincial government had suspended Mr Kundi's sentence on March 6 under Section 401 of the Criminal Procedure Code. Officials told Dawn that a few days ago, the chief minister had also approved a summary, seeking withdrawal of two cases against Mr Kundi.
In the summary submitted to the chief minister, the NWFP Home Department, while referring to an application moved by Mr Kundi, said that the applicant had sought the withdrawal of two cases against him that involved harbouring criminals and escaping from police custody.
Mr Kundi had been sentenced to 25-year rigorous imprisonment by a speedy trial court in Karachi in 1991 for attempting to smuggle 10-kg heroin. He remained an absconder for almost a decade before surrendering to the authorities.
However, despite suspension of that prison term, Mr Kundi has to remain in detention as the said two cases were still pending against him. The two cases were the last hurdle in the way of Mr Kundi's release.
The chief minister had, while approving the withdrawal of these two cases, overruled various objections raised by the NWFP chief secretary, the Anti-Narcotics Force, the federal government and other agencies, claimed being an official privy to the whole issue.
The manner in which the medical board was constituted and the way the summary for the suspension of Kundi's sentence was pushed through had raised eyebrows in official circles.
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 jail term. Presently, Mr Kundi is lodged at the District Headquarters Hospital in Dera Ismail Khan.
A doctor working there told Dawn that the convict's condition appeared to be normal and that he was not suffering from any serious ailment for which he had to be hospitalised.
He said that medical tests, including ECG and ultrasound of kidney, had been carried out a few days ago, which showed him to be in normal health. Officials claimed that a senior MMA leader had been behind the move as Mr Kundi and his influential family had supported him during the general and by-elections.
In the two cases, he is facing charges under Section 216/216-A of the Pakistan Penal Code and 120B/109/225/224/119/223/225-B/221 PPC and 42 of the Jail Act. These cases were registered against him in Tank police station in 1983 and 1993, respectively.
The two cases pertain to harbouring escaped offenders and his own escape from police custody from a hospital in September 1992 where he had been shifted to seek medical treatment while serving prison term.
