PESHAWAR, Nov 15: An accountability appellate bench of the Peshawar High Court on Thursday reserved its verdict in an appeal filed by a former PML(N) MNA, Haji Mohammad Kabir, against his conviction by an accountability court.
Senior advocate Abid Hassan Minto finished arguments on behalf of the appellant before the bench comprising Justice Nasirul Mulk and Justice Shehzad Akber Khan. The Deputy Prosecutor- General of National Accountability Bureau, Mian Fasihul Mulk, represented the respondents.
The appellant had been convicted by the accountability court presided over by Said Maroof Khan for possessing assets disproportionate to his known sources of income and was sentenced to seven years’ rigorous imprisonment and fined Rs 350 million.
Mr Minto continued his arguments for two days, during which he said the National Accountability Bureau Ordinance, 1999, was not applicable to the appellant. He contended that the appellant had become a member of the National Assembly in November 1993 and he had acquired properties before that. As he was not holding any public office at the time of acquiring properties, he could not be brought in the net of the law, the counsel added.
Mr Minto further argued that the record of the NAB proved that the appellant was given contracts by different departments to the tune of Rs 4 billion, which proved his source of earning. He added that even prosecution witnesses had said that all the contracts were awarded to appellant in accordance with prescribed rules and regulations.
Mr Mulk rebutted the argument advanced by Mr Minto and contended that the law was very much applicable to him. He argued that the NAB Ordinance was deemed to have come into force from Jan 1, 1985, and the appellant and his associates had acquired the controversial properties after that date.