PESHAWAR, Feb 14: An Accountability Appellate Bench of the Peshawar High Court on Wednesday reserved its judgment in an appeal filed by a former general manager of National Highway Authority, Hamid Magfoor Shah, challenging his conviction by an accountability court.
The bench comprising Justice Ijazul Hassan and Justice Ijaz Afzal heard arguments by the appellant’s counsel Barrister Zahoorul Haq and Advocate Riaz Ahmad Khan appearing for state.
The appellant was sentenced by an accountability court to five years rigorous imprisonment along with a fine of US $0.232 million and Rs3.388 million. The court had directed that the convict should pay the fine within one month failing which the amount should be recovered through sale of his property.
Barrister Zahoor relied on evidence of different defence witnesses, stating that although the appellant had proved beyond any shadow of doubt that the properties shown by the National Accountability Bureau did not belong to him, the trial court, despite that, ignored the evidence of different witnesses.
He argued that the foreign currency account in National Bank of Pakistan was opened by Qazi Mahmud Maghfoor, father of the appellant, and he had stated in his evidence that his two sons Zahid Maghfoor and Abid Maghfoor were abroad and the account was opened through their remittances.
About the plots, which the NAB claimed were owned by the appellant, the counsel contended that one of those plots were acquired by Dr Mazhar Jamal, one of the wives of the appellant.
He added that three sisters of Dr Jamal were abroad and it was on record that in the first instance they had sent UK Pounds 2006 in 1989. Moreover, he added, the lady was herself a practising doctor since 1976.
Recovery Stayed: An accountability appellate bench of the high court on Wednesday stayed the recovery of a fine of Rs3.84 million and confiscation of properties by state from an additional secretary of physical planning and housing department, Akbar Khan Marwat.
Mr Marwat was found guilty of corruption by an accountability court a few days back and was sentenced to four years rigorous imprisonment, fined Rs3.84 million along with confiscation of properties worth Rs5.47 million.
Advocate Abdus Sattar Khan appeared for the appellant before the bench comprising Justice Nasirul Mulk and Justice Tallat Qayyum Qureshi, and argued that till final disposal of the appeal the recovery of fine and confiscation of properties be stayed.
The properties confiscated by the trial court included two plots of one kanal each worth Rs0.4 million in Sui Northern Cooperative Society Lahore; two plots worth Rs1.05 million and Rs0.7 million respectively in Multi Professional Cooperative Society, Islamabad; property in Malakandher, district Peshawar, measuring 4 kanals-11 marlas worth Rs2.22 million; and, one motor car worth Rs0.7 million, registered in the name of Idrees Akbar.































