PESHAWAR: An Ehtesab court sent provincial minister Ziaullah Afridi to prison on judicial remand on Tuesday, a day after the Peshawar High Court granted him bail in a case of misuse of authority and corrupt practices.

The development comes as the Ehtesab Commission claimed the minister was granted bail in one of the cases against him and not in two other cases in which he was booked for alleged misuse of office and corruption.

The daylong drama with large number of supporters of Ziaullah Afridi, who was arrested on July 9 by the Ehtesab Commission, awaiting his release outside the office of the Khyber Pakhtunkhwa Ehtesab Commission in accordance with the high court’s order culminated in the afternoon when he was taken out in an armoured personnel carrier from the lock-up of the commission and transported to the Peshawar central prison.

Supporters and lawyers for Ziaullah believed that arguments before the high court had taken place in the entire cases and therefore, the court order regarding his bail was applicable to all the cases.

PHC had granted minister bail on Monday in a case of misuse of authority and corruption

However, the legal team of the commission including deputy prosecutor general Zahid Aman and additional deputy prosecutor general Barrister Qazi Babar Irshad were of the view that the high court had released a short order wherein it had accepted an application filed by Ziaullah’s brother Hidayatullah Afridi, and that application was related only to the initial case in which the minister was arrested.

As the physical custody of Ziaullah with the commission in a case of alleged facilitation of illegal mining in Abbottabad had to end on Tuesday and therefore, large number of his supporters turned up in the morning outside the Federal Judicial Complex where the Ehtesab courts are situated in Hayatabad.

They were sure that as the high court had granted bail to Ziaullah on Monday, therefore, he would be set free from the court.

However, the Ehtesab Commission did not produce the suspect before the court citing security concerns.

The judge, Subhan Sher, ordered the commission to set the suspect free if his release order was related to all the cases otherwise he should be shifted to prison on judicial remand.

Ziaullah’s lawyer Danish Afridi told the court that they had been fulfilling legal requirements of furnishing bail bonds at the high court following which the release order would be prepared and they would submit it to the commission.

When the supports came to know that he would not be produced before the court, they then converged outside the offices and lock-up of the commission, housed in few rented bungalows at Hayatabad.

The jubilant workers continued dancing to drumbeats. They had also brought floral wreaths and garlands.

Finally, at around 2:00pm, relatives of Ziaullah brought the release order to the Ehtesab Commission. Following three hour long deliberation, it was decided not to release him and instead send him to prison on judicial remand in two cases pertaining to illegal mining in Charssada and Abbottabad.

The dejected workers showered rose petals on the APC carrying Ziaullah and were shouting slogans in his favour.

Barrister Babar Irshad told Dawn that the high court in the release order had clearly mentioned that he should be set free if not required in any other case.

When contacted, a lawyer for Ziaullah, Barrister Mudassir Amir, said another petition filed by Hidayatullah wherein all the charges against Ziaullah had been fixed for hearing on Aug 27 (Thursday) and that his lawyers would highlight their contentions before the high court in that case.

He said he was hopeful that the court would order his client’s release in all cases.

After his arrest, Ziaullah, a PTI MPA, had denied in involvement in any wrongdoings and blamed his arrest on Chief Minister Pervez Khattak.

Published in Dawn, August 26th, 2015

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