PESHAWAR: A local accountability court on Thursday approved the plea bargain application of a former special assistant to a former chief minister, Syed Masoom Shah, in a corruption case over readiness to return the Rs258.75 million ill-gotten wealth to the National Accountability Bureau (NAB).

The plea bargain of Syed Masoom Shah, an ANP leader, who was arrested last year by the NAB on the charge of possessing illegal assets, was already approved by the NAB chairman.

The application was later referred to the accountability court for final approval in line with Section 25 of the National Accountability Ordinance, 1999.

The accused is already out of prison on the bail granted by the high court in the case.

Masoom Shah is already out of prison on bail in illegal assets case

Few days ago, the accountability judge, Mohammad Azhar Khan, had recorded statement of the accused, who had served as special assistant to the previous Chief Minister Ameer Haider Hoti, and the investigation officer in the case, Mohammad Gul, and had reserved its order.

The court pronounced its order of approving the plea bargain of Masoom Shah, who was arrested on Aug 11, 2015, and was subsequently granted bail by the Peshawar High Court on Mar 22.

Under the NAB law the accused stands disqualified from holding any public office for next 10 years.

According to the agreement taken place between the accused and the NAB, Khyber Pakhtunkhwa, the accused had furnished 11 bank drafts for payment of Rs91. 75 million as down payments or first installment; and bank guarantees of two other installments of Rs85. 387 million and Rs67.612 million, respectively.

On Feb 18, the accountability court presided over by Mohammad Ibrahim Khan had rejected NAB’s request for final approval to the plea bargain of Masoom Shah and had cited several reasons for that. The court had also directed the NAB to complete investigation against the accused and file a reference against him for possessing illegal assets within fortnight.

The court had also ordered freezing of Rs258.75 million, which the accused had offered as settlement amount to NAB on account of plea bargain, with the direction to the NAB authorities to investigate whether the said money was acquired through legal or illegitimate means.

The said order was challenged by the accused as well as by the NAB before the high court.

On Mar 22, the high court had granted bail to the accused and had referred the case back to accountability court for deciding the plea bargain application afresh.

Both the accused and the NAB had adopted the plea that the option of plea bargain was a matter purely between the NAB and the accused and the acceptance of the accused’s plea bargain was a sole discretion of the NAB chairman, therefore, once it was accepted by the NAB authorities, its rejection by the court amounted to denial of fair trial as ordained by Article 10-A of the Constitution.

The accused had remained nazim of tehsil Shabqadar in Charsadda from 2001 to 2004 and subsequently served as special assistant to the chief minister during 2010 to 2013 when coalition government of ANP and PPP was ruling the province.

The properties allegedly possessed by him include a hujra on 12 kanal land at his village Battagram in Charsadda; two plots each at Hayatabad Township, Regi Model Town and DHA Karachi; a precious house on Tulip Road Bahria Town Rawalpindi; one kanal house at Zaryab Colony Peshawar; three kanals of precious land in Tehkal Bala Peshawar; and a kanal land in Warsak Road Peshawar.

The NAB alleges that the accused also possesses shares in Usman Construction Company Karachi and MSN Company Karachi.

Published in Dawn, April 29th, 2016