PESHAWAR, Dec 21: The Peshawar High Court on Tuesday dismissed the National Accountability Bureau's appeal against acquittal of federal Interior Minister Aftab Ahmad Sherpao and four others in the Ring Road land acquisition case.
A two-member bench comprising Justice Shahjehan Khan and Justice Qaim Jan Khan ruled that the appeal was not maintainable as it was not filed with prior sanction of the NAB's chairman.
The five accused in the case - Aftab Sherpao, former senator Gul Sher, a tehsildar Mosam Khan, and two patwaris, Nisar and Dilawar - were acquitted by the accountability court presided over by Said Maroof Khan on June 21, 2003.
The accountability court had ruled that the prosecution could not provide enough evidence to prove the involvement of the accused persons with the commission of the offence.
Advocate Abdul Aziz Kundi appeared for Gul Sher, Mosam Khan and Dilawar, whereas advocates Zaffar Abbas Zaidi and Razik Khan represented Aftab Sherpao and Nisar respectively.
Mr Kundi argued that under section 32 (a) of the NAB Ordinance 1999, the appeal against judgment of the trial court could only be filed by the prosecutor general with the prior approval of the NAB's chairman.
He contended that in the present case the appeal was filed by an acting prosecutor general and it had no approval of the chairman. The respondents' counsel argued that there was no permission of the chairman on the file, nor any reference was made towards that permission in the appeal.
They added that in present case this appeal was not maintainable. The NAB's counsel Riaz Ahmad Khan stated that the acquittal of the five accused by an accountability court was unjustified as there were enough evidence on record against them. The five accused tried by the court were charged of inflicting a loss of Rs 310.067 million to the exchequer in connivance with the five accused.
The charge sheet against them states that they had fraudulently got fixed compensation of land acquired for the Ring Road project situated in Mahal Lala Ahmad and village Saloo, Tehsil Peshawar at inflated and exorbitant rates. The accountability court had also issued perpetual arrest warrants of five of the absconding co-accused and declared them proclaimed offenders.
