PESHAWAR, Jan 8: An accountability court here on Thursday dismissed an application of the former MNA of the Awami National Party, Haji Naseemur Rehman, requesting his acquittal in a reference about his absconding from the law.

The court presided over by Attaullah Khan observed that the accused could not be acquitted at this stage. The court also fixed Jan 21 for indicting the accused in the reference of wilfully absconding from the law.

The reference was filed by the National Accountability Bureau under section 31-A of the NAB Ordinance, 1999, under which evading arrest is a crime punishable up to three years imprisonment.

The former MNA had filed the application under section 265-K of the Criminal Procedure Code. This section has empowered the trial court to acquit an accused at any stage of the trial provided there were not enough evidence against him.

The NAB chairman had issued arrest warrants of the accused on Oct 27, 2000, as he was required in a case pertaining to possession of illegal assets. However, he could not be apprehended at that time.

He was sentenced in absentia to three years imprisonment under section 31-A on April 2, 2001. Last year, he was granted protective bail by the Supreme Court and on June 4, 2003, his sentence in absentia was set aside by the Peshawar High Court and the case was remanded back to the accountability court.

The NAB deputy prosecutor-general, Mian Fasihul Mulk, appeared for the prosecution, whereas Advocate Yahya Afridi represented the accused. Mr Afridi contended that there were not enough evidence on record which could prove that the applicant had wilfully evaded arrest.

The lawyer said that on the basis of available evidence there was no possibility of the conviction of the applicant, therefore the court may order his acquittal.

Mr Mulk stated that the court had fulfilled all legal formalities against the applicant and it was evident that he had wilfully absconded from the law. The accountability court has already acquitted the accused on Aug 26, 2003, in the main case pertaining to possession of assets disproportionate to his known sources of income. The NAB's appeal against his acquittal has been pending before the high court for the last one year.