PESHAWAR, Sept 1: A two-member bench of the Peshawar High Court on Wednesday admitted for full hearing the writ petition filed by a former MNA of the Awami National Party, Haji Naseemur Rehman, seeking acquittal in a reference alleging that he was an absconder.
The bench, comprising Justice Tariq Pervez and Justice Ijazul Hassan, observed that the points raised by the petitioner needed consideration, therefore the petition was admitted for full hearing.
The court issued notice to the NAB. The petitioner has challenged the order of an accountability court, which on Aug 19, dismissed his application filed under Section 265-K of the Criminal Procedure Code, seeking his acquittal before the conclusion of trial.
The petitioner has requested the High Court to set aside the impugned order of the accountability court and acquit him. The accountability court has been trying the petitioner in a reference pertaining to his absconding from law, which is punishable up to three-year imprisonment under Section 31-A of the NAB Ordinance 1999.
Under Section 265-K of the CrPC, the trial court has the powers to acquit an accused before conclusion of trial, when the evidence against him is not enough to convict him. Advocate Yahya Afridi appeared for the petitioner and argued that the trial court had issued arrest warrants in the name of the petitioner under Section 204 of the CrPC before the filing of the present reference.
