PESHAWAR, Jan 9: A two-member bench of the Peshawar High Court here on Thursday directed an accountability court to conclude within a month the trial of a former NWFP chief secretary; an ex-official of the Ehtesab Bureau, Khalid Aziz; and a former accountant of the Education Department, Khadim Hussain.

The court had taken up for hearing writ petitions filed by Khalid Aziz and Khadim Hussain, seeking release on bail in a reference about misusing their official authority.  

The bench, comprising Justice Shehzad Akber Khan and Justice Ijaz Afzal, partially accepted these petitions, observing that if the accountability court fails to conclude the trial in the specified period, the petitioners will be released on bail.

Advocate Zaffar Abbas Zaidi appeared for Mr Aziz and Jamil Khan represented Mr Hussain while Advocate Amjid Zia appeared for the National Accountability Bureau.

Khalid Aziz is accused of using his influence for awarding a contract by the primary education department to provide various items to a firm of his family— Hayat and Brothers.

Mr Zaidi argued that his client had been first tried in a case pertaining to possession of assets beyond the means and was sentenced to four-year imprisonment, which was later reduced to two years by the high court. He told the High Court that Mr Aziz was arrested on Oct 14, 1999, and had served the sentence.

Mr Zaidi argued that the charge levelled against Mr Aziz in the present reference had already been mentioned in the earlier case, for which he had been punished.

He said it was a case of ‘double jeopardy’ and under the Constitution no person could be tried twice for the same offence.

The advocate pointed out that the prime accused, Shahjehan Khan, who was a director of the primary education, had been turned approver by the NAB, but the high court had declared the act of the NAB of turning him approver as illegal and against the law.

The counsel of the two petitioners argued that in the present case their arrests were shown on Nov 11, 2000, and, despite the passage of over two years the trial had yet not been concluded.

The petitioners were entitled to be released on bail, they added.