PESHAWAR, Aug 19: An accountability court here on Thursday dismissed an application of former MNA of Awami National Party, Haji Naseemur Rehman, seeking his acquittal in a reference about absconding from law.
The court presided over by Saleem Khan ruled that at this stage of the trial the accused-applicant was not entitled to be acquitted. The court fixed Aug 28 for recording the statement of the accused.
The accused had filed the application under section 265-K of Criminal Procedure Code, which empowers the trial court to acquit an accused at any stage of the trial on the basis of the available evidence.
The reference was filed by the National Accountability Bureau under section 31-A of the NAB Ordinance, 1999, under which an accused absconding from law could be sentenced up to three years imprisonment.
The NAB chairman had issued his arrest warrants on Oct 27, 2000, as he was required in a case pertaining to possession of illegal assets. However, he could not be apprehended at that time.
The accused was convicted by the accountability court in absentia and sentenced to three years imprisonment on April 2, 2001. Last year he was granted protective bail by the Supreme Court. The Peshawar High Court had set aside his conviction in absentia under section 31-A of the NAB Ordinance and remanded back the case to the accountability court for re-trial.
The NAB's prosecutor Iqbal Ahmad Niazi contended that in a reference under section 31-A of the ordinance, if an accused denies that he absconds from law then he has to prove that he was not absconding and was available.
He contended that the evidence on record suggested that he had wilfully absconded. He added that without putting forward his defence it would be premature to request for acquittal. The applicant's lawyer contended that he was already acquitted in the main reference pertaining to possession of illegal assets.
