PESHAWAR, Sept 26: Dismissing a writ petition, a two-member bench of the Peshawar High Court here on Thursday declined bail to a central leader of Jamiat Ulema-i-Islam (F), Haji Ghulam Ali, facing a trial before an accountability court.

The bench observed that the delay in concluding trial of the accused-petitioner was not of such a long period for which he should be extended the facility of bail.

The bench heard arguments of the petitioner’s counsel, M Sardar Khan, and deputy prosecutor general of the National Accountability Bureau, Mian Fasihul Mulk. Mr Mulk contended that in the circumstances when the high court had been hearing bail pleas under the constitution and not under the CPC, the court had very limited jurisdiction.

He argued that the grounds available to the petitioner for his bail plea were very limited and he could not contest his case on the grounds of delay in conclusion of trial, or medical ground as given in the CrPC.

He referred to the judgment of the Supreme Court in Asfandyar Wali’s case regarding NAB, stating that the apex court had pronounced that the high court could hear bail pleas of the accused, but only under its constitutional jurisdiction and not under the CrPC. He added that the court could only allow bail on the ground of illegal detention.

M Sardar Khan rebutted his contentions, arguing that in a recent judgment delivered by Justice Nawaz Abbassi of the Supreme Court, it was mentioned that the high court could allow bail on any of the grounds available to the petitioner.

He stated that although the bench had been hearing the petitions under article 199 of the constitution, it had the jurisdiction to allow bail on any grounds available in the CrPC.

He contended that Mr Ghulam Ali was arrested on April 13, 2001, and was indicted on Sept 7, 2001. He added that his trial had yet not been concluded. Prima facie, he added, the properties mentioned by the NAB on his name belonged to other people.

Bail Allowed: The high court allowed bail to Haji Anwarur Rehman, father of an absconding former MNA, Haji Naseemur Rehman, on medical ground.