PESHAWAR: Issuing a stay order, a single-member Peshawar High Court bench on Thursday stopped the provincial anti-corruption establishment (ACE) from arresting the opposition Pakistan Muslim League-Nawaz’s MPA, Jamshed Mohmand, during an ongoing inquiry into the alleged corruption in the award of certain contracts of development projects by the Takhtbhai tehsil municipal administration in Mardan district.
Justice Mohammad Naeem Anwar issued notices to the ACE director and its assistant director in Mardan seeking their comments about the lawmaker’s petition within a fortnight.
He fixed Jan 14 for the next hearing into the petition with directions for the ACE not to arrest him until that date.
The bench also directed the petitioner to cooperate with the ACE during the probe into the matter.
Senior lawyers Abdul Lateef Afridi and Qazi Jawad Ahsanullah appeared for the petitioner and contended that their client was twice elected MPA from PK-55 Mardan and had begun several development projects in the area, especially for the supply of natural gas.
They said federal minister Ali Mohammad Khan recently inaugurated several gas projects, which were launched by the petitioner, causing a scuffle between workers of the ruling PTI and PML-N.
Seeks ACE response to plea of Jamshed Mohmand
Mr Qazi Jawad said in a bid to harass the petitioner, the government had been trying to implicate him in unfounded cases and had engaged the ACE for the purpose.
He pointed out that the so-called inquiry was launched against his client alleging that certain contracts of the Takhtbhai TMA were awarded against rules at his behest.
The lawyer added that contracts were given away through e-bidding wherein the petitioner had no say.
He said the petitioner belonged to an opposition party, so he couldn’t influence the TMA bidding process.
The lawyer argued that when the ACE failed to found any evidence of the petitioner’s involvement in the matter, it then asked him to produce the details of his assets.
He added that the petitioner had appeared before the ACE thrice and asked the organisation to get the details of his assets from the Election Commission of Pakistan with which they’re filed every year.
The lawyer said that the Supreme Court had already ruled in different cases that without any concrete evidence of wrongdoing, action shouldn’t be taken against anyone.
He added that merely on basis of rumours, his client couldn’t be proceeded against.
The lawyer contended that the ACE had no case against his client and its only objective was to defame him.
Abdul Lateef Afridi contended that his client was once summoned by the ACE on the day the opposition’s Pakistan Democratic Alliance was scheduled to hold a public meeting in the province.
He added that the petitioner was a public representative and enjoyed respect in his area.
The lawyer e contended that the ACE had also raided residence of the petitioner without any justification.
He added that the ACE had so far not informed his client in clear terms as to what inquiry had been under way against him.
Published in Dawn, December 25th, 2020