08 March 2005	Tuesday	26 Muharram 1426

ISLAMABAD, March 7: The Supreme Court cancelled on Monday the bail it had granted to federal minister Makhdoom Syed Faisal Saleh Hayat in July 2000.

"The appeal of Syed Faisal Hayat is dismissed and consequently July 5, 2000, stay against corruption proceedings before the accountability court is vacated and bail granted in his favour is also cancelled," says a 19-page detailed order issued here.

On Thursday last, a three-member bench, comprising Chief Justice Nazim Hussain Siddiqui, Justice Javed Iqbal and Justice Abdul Hameed Dogar, had dismissed the appeal of Ms Shahida Faisal, the wife of Faisal Hayat, seeking to restrain the National Accountability Bureau from trying him on a wilful default of a bank loan.

"Ideally the minister should be arrested, but it is up to the government to arrest him or not," commented senior advocate Hamid Khan, executive committee member of the Pakistan Bar Council and former president of the Supreme Court Bar Association while talking to Dawn.

Faisal Hayat should not have been included in the cabinet when he was facing serious allegations of corruption, Mr Khan observed. Federal Minister for Kashmir Affairs and Northern Areas Faisal Saleh Hayat, who is currently in the UK, is likely to return to Pakistan on March 15.

Authored by Justice Javed Iqbal, the bench also observed that the NAB chairman did not enjoy unlimited or unidentified powers under Section 25-A (g) of the NAB ordinance to approve decisions of the State Bank governor. And it is for the accountability court to accord approval to such decision, after diligent application of mind and keeping in view all circumstances and chequered history of the case.

The order directs the accountability court, hearing corruption reference against Faisal Hayat, to determine whether the accused is guilty of "wilful default". "While determining the question of wilful default, the accountability court will also examine Sections 23, 63 and 64 of the Contract Act 1872," the order observes.

The accountability court would also review whether agreements between Shah Jewna Textile Mills and the United Bank Limited rescheduling the liabilities were in public interest, the order said.