PESHAWAR, July 9: An accountability court on Friday restored the attached property of former MNA of Awami National Party, Haji Nassemur Rehman.

The court presided over by Attaullah Khan accepted a petition of Haji Naseemur Rehman and observed that he had already been acquitted in the main reference against him.

The properties worth millions of rupees were attached two years ago when Mr Rehman was declared a proclaimed offender by the court during his absence. The properties include 15 plots in Sheikh Maltoon Township in Mardan; five houses in Mardan; two shops in Lahore; a house each in Peshawar and Swat; and, shares in different industrial concerns including Universal Tobacco Company, Saleem Foods, Saleem Cigarette, Mardan Flour Mills and Saleem Match Factory.

Mr Rehman was required in an accountability reference pertaining to possession of properties disproportionate to his known sources of income. His arrest warrant was issued by the National Accountability Bureau's chairman but he could not be arrested.

During his absence another reference was filed under section 31-A of the NAB Ordinance, 1999, accusing him of wilfully evading arrest. He was sentenced to three years imprisonment in that reference, but after he surrendered to the court last year the conviction was set aside and his case was remanded back to the accountability court.

Advocate Yahya Afridi appeared for the petitioner and argued that Mr Rehman was acquitted in the main reference. He pointed out that in August 2003 an accountability court had accepted his application filed under section 265-K of the Criminal Procedure Code and he was acquitted.

Under the said section the trial court is empowered to acquit an accused before conclusion of the trial if the court realizes that there is no possibility of the conviction of the accused.

Mr Afridi argued that the conviction of the petitioner under section 31-A of the NAB Ordinance was also set aside and now the trial court had been conducting trial in that case. He added that the attachment of the said properties was without any legal justification.