Peshawar High Court Building. – File Photo

PESHAWAR: The Peshawar High Court convicted on Wednesday an independent MNA from tribal areas of possessing assets beyond legal means.

Chief Justice Ejaz Afzal Khan found Zaffar Baig Bhittani guilty under the Prevention of Corruption Act and sentenced him to three years’ rigorous imprisonment with a fine of Rs5 million. In case of default he will have to undergo simple imprisonment of six months.

The court also ordered confiscation of his property, including land measuring 2,453 kanals and 4.5 marlas in the village of Surizai Bala near Peshawar; Bhittani Arcade built over two kanals and one marla; land measuring 64 kanals 12 marlas in his village in Tank; and land measuring two kanals and five marlas with construction in Peshawar’s University Town.

The court accepted an appeal filed by the Khyber Pakhtunkhwa government against a judgment of a special anti-corruption court (provincial).

The anti-corruption court had acquitted Mr Bhittani, a former executive engineer of communications and works department, on Aug 12, 2000.

The high court had reserved its judgment a few days ago after hearing arguments of Additional Advocate General Lal Jan Khattak and Advocate Tariq Afridi who appeared for the accused.

The case was registered on Aug 1, 1995, at the anti-corruption establishment police station.

The PHC ruled that the charge of misconduct had been proved beyond any shadow of reasonable doubt.

The court observed that the property possessed by the accused was worth Rs39.981 million whereas his legitimate earning was Rs1.7 million on account of his salary and Rs2.5 million prize bonds.

Mr Bhittani had been arrested by the National Accountability Bureau on May 7, 2001 and on June 10, 2003, an accountability court sentenced him to seven years’ rigorous imprisonment with a fine of Rs115 million.

On Nov 2, 2005, the high court partially allowed his appeal and sent the case to the trial court and granted him bail. But the Supreme Court returned the appeal to the high court.

In 2008, Mr Bhittani was elected to the National Assembly from the NA-47 tribal areas constituency.

The prosecution had said the accused owned 18 moveable and immoveable properties. Several properties were in the names of his wife, son and mother. The accused claimed that his wife was the daughter of a chief engineer and had the means to purchase the property.

But the additional advocate general contended that the spouse of the accused was a housewife and his son was a student and both of them had no independent means of income.