LAHORE, Dec 22 A division bench of the Lahore High Court suspended on Tuesday a three-year sentence awarded to Interior Minister Rehman Malik by accountability courts in references filed by the National Accountability Bureau.
It also allowed him bail against two surety bonds of Rs100,000 each.
The bench issued the order on two writ petitions filed by the minister.
The bench, comprising Chief Justice Khawaja Mohammad Sharif and Justice Manzoor Ahmad Malik, admitted for regular hearing appeals of the minister against his conviction in two references and issued notices to the NAB chairman for Jan 12.
Advocate Mushtaq Ahmad Khan, counsel for the minister, said two references were filed against Mr Malik in 1997 and 1998 on the basis of cases registered by the Federal Investigation Agency when he was additional director general of the agency.
He said Mr Malik had been arrested and tortured in jail where an attempt on his life was also made. Later, he and his family were forced to leave for London.
Advocate Mushtaq said that accountability courts in Rawalpindi declared his client a proclaimed offender without going through legal procedures and no notices or non-bailable arrest warrants were issued.
On Jan 7, 2004, he added, the court had awarded him three years' sentence in absentia under section 31-A of the NAB Ordinance, 1999, without holding an independent trial.
The counsel said that after Mr Malik was allowed to return to the country, he immediately appeared before an accountability court and moved an application for setting aside the sentence under the National Reconciliation Ordinance.
On March 5 last year, the court terminated his sentences/convictions in the two references.
Advocate Mushtaq argued that the Supreme Court in several cases held that conviction/sentence awarded under section 31-A in absentia was void. He said that there was no proof on record that Mr Malik was an absconder and deliberately escaped the country to avoid trial.
Section 31-A of the NAB Ordinance was in violation of article 2-A, 4, 9 of the Constitution, he added.
Mr Malik also filed an application seeking suspension of his sentence under section 426 of the Criminal Procedure Code, but the court declined to entertain it. The bench observed that the NAB ordinance was a special law and suspension of sentence could only be sought through a writ petition under article 199 of the Constitution.
Mr Malik's counsel requested the court to convert his application into a writ petition, but the chief justice turned down the plea and observed that there was no privilege for ministers in the law and everybody had to follow the procedure. The counsel later filed fresh writ petitions and the bench suspended Mr Malik's conviction and adjourned the hearing till Jan 26.
The bench also turned down a minister's request for exempting him from appearing during next hearings because he was scheduled to travel abroad. However, the bench fixed the next date of hearing as per minister's convenience.
APP adds Bail papers of Mr Malik were submitted before an accountability court in Karachi, headed by Judge Riaz Baloch.
Advocate Khawaja Naveed Ahmed, counsel for the minister, presented relevant documents to show that Mr Malik was still on bail.
The court summoned the minister on Jan 4 in an alleged case of causing losses to national exchequer.
