PESHAWAR: Court takes up plea against relief given to convict - Notices issued to NWFP govt
By Bureau Report
PESHAWAR, July 20: The Peshawar High Court on Tuesday put the provincial government on notice in an application filed by the Anti-Narcotics Force (ANF) for staying the release of a former minister convicted in a drug case
, Amanaullah Kundi, ordered by the NWFP government.
A two-member bench comprising Justice Tariq Pervez and Justice Qaim Jan Khan observed that the application seeking the stay order would be heard on July 27, the date already fixed for the hearing of the main writ petition filed by the ANF for setting aside the provincial government's order suspending the prison term of Mr Kundi.
The NWFP government had on March 24 suspended the remaining prison sentence of Mr Kundi under Section 401 of the Criminal Procedure Code. The ANF has filed the writ in the PHC against the order of the MMA government giving relief to the drug baron.
Mr Kundi had been sentenced to 25 years' rigorous imprisonment by a speedy trial court in Karachi in 1991 for attempting to smuggle 10 kilograms of heroin. He remained absconder for almost a decade after having escaped from the police custody while being treated at a hospital in Dera Ismail Khan in 1992.
It is believed that some central leaders of the Muttahida Majlis-i-Amal are instrumental in the suspension of the sentence of Mr Kundi. According to some sources, Mr Kundi's family helped the MMA candidate from their area in general and by-elections.
The Deputy Attorney-General, Mr Salahuddin Khan, on Tuesday requested the court to order stay on the provincial government's relief to Mr Kundi till the final disposal of the main writ petition.
He contended that the NWFP chief minister had also agreed to withdraw two remaining cases against the drug baron and if the court did not grant an interim relief the convict would have freed with the next couple of days.
The bench inquired from Mr Khan about the locus standi of the ANF in filing the petition. The bench observed that it was the duty of the ANF to arrest an accused and to send him for trial following which its responsibility ended.
Justice Tariq Pervez asked Mr Khan why they had been bringing "political cases" to the court. The bench observed that the provincial government had exercised its powers under Section 401 of the CrPC, which duly empowered the government to suspend the prison term of a convict.
Mr Khan contended that at present he had filed the application for the interim relief, whereas the main petition had been fixed for July 27. He said that the court had already sought comments in the main petition.
He contended that the government had suspended the prison term of Mr Kundi due to political considerations and had not fulfilled the requirements under Section 401 of the CrPC.
At present Mr Kundi is lodged at District Headquarters Hospital, D.I.Khan. The two remaining cases against Mr Kundi pertain to harbouring offenders and dacoits, and his own escape from the police custody from a hospital in Sept 1992.
Although, the provincial government has suspended the prison term of Mr Kundi, he could not be released due to the pendency of the said two cases against him. Recently, a summary was moved for the withdrawal of the said two cases and officials claimed that the chief minister had given approval to the summary.
