PESHAWAR, Dec 14: A division bench of the Peshawar High Court on Thursday dismissed an appeal filed by the former provincial minister, Habibullah Kundi, challenging his conviction in absentia by an accountability court.

The bench comprising Justice Nasirul Mulk and Justice Ijaz Afzal ruled that the petition was not maintainable. The bench had earlier reserved its judgment after completion of arguments of both the parties.

The appellant was sentenced to three years imprisonment by an accountability court under section 31-A of the National Accountability Bureau Ordinance 1999. He was wanted in the Ring Road land scam in which former senator, Gul Sher, was the prime accused.

The court ruled that the accused was absconding and a fugitive from law that debarred him from being represented in a court of law through his counsel or unless he surrenders to the proper authorities concerned. The Nab ordinance in vogue has made wilful, deliberate and conscience absence from the process of accountability court.

Advocate Yahya Afridi appeared for the petitioner, whereas deputy prosecutor general, Mian Fasihul Mulk, and advocate Kamran Arif represented the Nab.

The petitioner had claimed that he had left the country in a legal manner and had not been absconding. He claimed that he was not properly served by the court before his conviction.