PESHAWAR: A Peshawar High Court bench on Tuesday declared illegal the demand of 15 per cent operational cost by the National Accountability Bureau from a distant relative of a former chief minister, who had made a plea bargain in a high-profile case of receiving kickbacks during the procurement of weapons for the police department.

Chief Justice Mazhar Alam Miankhel and Justice Waqar Ahmad Seth observed that in light of a judgment of the Supreme Court, the levy of operational charges by the NAB was illegal.

The bench pronounced the order in a writ petition filed by one Raza Ali, who is brother-in-law of ex-chief minister Ameer Haider Hoti’s brother Ghazan Khan, challenging the levy of Rs29.5 million as operational cost by the NAB Khyber Pakhtunkhwa on him.

The petitioner was arrested by the NAB Khyber Pakhtunkhwa in Jan 2014 and was set free on bail by the high court on Jan 29, 2015, after he had agreed to enter into plea bargain with the NAB and to return back the ill-gotten money received by him from a private contractor, Arshid Majeed, who was awarded most of the contracts of procurement of weapons and other equipment.

The prime accused persons in the case including a former provincial police officer Malik Naveed Khan and a former budget officer of police department, Javed Khan, have presently been facing trial.

Barrister Zahoor-ul-Haq appeared for the petitioner Raza Ali and stated that the petitioner was arrested on charges of receiving Rs195 million from Arshid Majeed. He stated that when the petitioner entered into plea bargain with the NAB the bureau had demanded additional Rs29.5 million from the petitioner on account of operational charges. He stated that the NAB had now been demanding Rs224.5 million from the petitioner instead of Rs195 million.

Barrister Zahoor pointed out that the operational charges levied by the NAB had already been declared as illegal by the Lahore High Court and the said judgment was also upheld by Supreme Court of Pakistan. He added that following the judgment by the apex court the levy of Rs29.5 million by NAB as operational cost by the NAB may be declared as illegal.

In the weapons procurement case the bureau had also arrested Ghazan Khan on Apr 15, 2014. The NAB has alleged that Arshid Majeed had claimed that he had paid Rs195 million to Mr Ghazan through his front man Raza Ali. Subsequently, Mr Ghazan was acquitted by the court after Raza Ali had conceded that the said amount was received by him and was not given to Mr Ghazan.

BAIL GRANTED: The bench granted bail to an excise and taxation officer, Ijlal Qayyum Babar, arrested by Khyber Pakhtunkhwa Ehtesab Commission on charges of misuse of authority and corruption on Aug 12, 2015.

The bench directed that the petitioner should furnish two sureties of Rs5 million each.

Published in Dawn, February 3rd, 2016