KARACHI, Dec 4: The appeal of Asadullah Abbasi, Assistant Mukhtiarkar, District Malir, challenging his conviction under section 31-A of the NAB ordinance, came up for hearing before a division bench of Sindh High Court on Tuesday.
The bench comprised Justice Mohammad Roshan Essani and Justice Mujeebullah Siddiqui.
Counsel for the appellant, K. M. Nadeem, submitted that the appellant was a co-accused in reference No. 25/2000, filed by the NAB authorities against six persons. Five of the accused were tried and acquitted on March 19 as the reference was found to be groundless.
This had impelled the NAB to withdraw the prosecution during pendency of the trial against the three accused and they were accordingly released. However, he said, the appellant was convicted on the same date under section 31-A of the NAB ordinance, on the ground that he was found absconding from the trial, whereas the main case against him was kept on dormant file.
The appellant subsequently on March 27 had surrendered himself before the trial court and was taken in custody. He confronted the main trial which also terminated in his acquittal in the main case on April 14.
Simultaneously, he filed an appeal before the High Court against his unwarranted conviction as according to him he was not at all required in the main case and as such he could not be termed as an absconder.
The appeal earlier came up for hearing before a division bench which on June 13 had framed two legal issues for hearing of the appeal.
They included the questions whether in view of section 18 of the NAB Ordinance, 1999, a trial court under section 31-A can take cognizance of the offence mentioned therein without reference being made by concerned authority? Whether a person who is found guilty under section 31-A can be convicted and sentenced in absentia?
The appellant’s counsel submitted that this matter was lingering on although notices as directed by the court had been served upon the NAB special prosecutor general and the attorney general of Pakistan.
When the appeal came up for hearing on Tuesday, deputy special prosecutor general, Anwar Tariq, was present for the special prosecutor general and Mr Ziauddin Nasir represented the office of the attorney general. The court, however, adjourned the hearing.
Counsel Nadeem pressed that at least the bail application should be heard and disposed of as the appellant was suffering rigours of imprisonment for no fault of his.
He submitted that at least some order should be passed so that either party might agitate the issue before the Supreme Court for an ultimate decision.
The court, however, declined the request and adjourned the hearing to a date in office.