March 22, 2006	Wednesday	Safar 21, 1427

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ISLAMABAD, March 21: A division bench of the Lahore High Court on Tuesday adjourned the hearing of an appeal filed by some officials from the Northern Areas police against their conviction by an accountability court in corruption and misuse of power cases.

After hearing arguments from both the petitioners’ counsel and special public prosecutor about the status of Northern Areas, the bench, comprising Justice Ali Nawaz Chowhan and Justice Syed Sakhi Hussain Bukhari, observed that it was a critical issue in which constitutional and legal matters were involved.

NAB had convicted Raja Muzzafar Khan, DIG Northern Areas police, an SSP and other police officials in cases of corruption, embezzlement and fraud, which caused the national exchequer a loss of millions of rupees.

The officials were convicted for their involvement in bogus registration of stolen vehicles and import of vehicles without paying customs duties.

However, the accused challenged the NAB court conviction in the Rawalpindi bench of the Lahore High Court, which held the preliminary hearing on Tuesday.

Counsel for the petitioner, Dr Babar Awan, argued that according to Article 1 of the Constitution, the Northern Areas was not part of Pakistan. It comes under the Azad Kashmir government and, as such, NAB laws could not be applied to the people from the Northern Areas.

In response, NAB prosecutor Nasir Qureshi pleaded that Northern Areas were part of Pakistan. A federal minister is appointed as the chief executive of the area. Similarly, deputy chief executive is also appointed by Pakistan government, he argued.

He said the convicted persons were public officials and their appointment had also been made by the government of Pakistan. As such and according to Article 4 of NAB Ordinance, they can be prosecuted under NAB laws.

To this, Dr Awan cited the case of Mohammad Miskeen, in which the AJK High Court had termed N.As as part of Kashmir.

Defending NAB decision, Mr Qureshi argued that in the case of Mr Miskeen the AJK High Court’s ruling was overruled by the AJK Supreme Court on the appeal of the government of Pakistan.