PESHAWAR: The Peshawar High Court on Tuesday set aside the conviction in absentia of former provincial minister Habibullah Kundi by an accountability court for avoiding arrest in a corruption case over a decade ago and sent the case back to trial court for examination.

A bench consisting of Chief Justice Mazhar Alam Miankhel and Justice Roohul Amin Chamkani also disposed of another petition of Mr. Kundi for the detachment of his properties observing that as the conviction had been set aside, the petitioner’s properties attached to the government stood detached automatically.

It accepted the appeal of Mr. Kundi against his conviction with the direction that he should face trial before the accountability court.

Mr. Kundi, who remained the provincial housing and physical planning minister from 1994 to 1996, was sentenced to three years imprisonment by an accountability court under Section 31-A of the National Accountability Ordinance 1999.

He was wanted in a high profile Ring Road land acquisition scam in which former Chief Minister Aftab Ahmad Sherpao and former Senator Gul Sher were also charged.

In that case the accountability court had acquitted on June 21, 2003, five accused, including Aftab Ahmad Sherpao, former Senator Gul Sher, tehsildar Mosam Khan, and patwaris Nisar and Dilawar.

Later, the Peshawar High Court dismissed an appeal filed by the NAB against the acquittal of Mr. Sherpao and four other accused on Dec 21, 2004.

At that time five of the accused, including Mr. Kundi, land acquisition collector Syed Ayub Shah, and three brothers of late Gul Sher, including Haji Khatam Gul, Jam Sher and Juma Sher, were absconding.

In 2001, an accountability court had convicted the five accused in absentia for absconding, which is a crime under Section 31-A of the NAB law.

They were also subsequently declared proclaimed offenders.

Qazi Muhammad Anwar, lawyer for the appellant, said his client suffered from heart ailment and had gone abroad for medical treatment through legal means.

He said he returned back and had approached the superior courts for bail in the case.

The lawyer said in the main case, the appellate was acquitted as it fell under the National Reconciliation Ordinance, 2007. He added that subsequently on the order of the Supreme Court when other cases were revived the case of the appellant was also revived.

Published in Dawn, June 1st, 2016