PESHAWAR: The Peshawar High Court (PHC) on Thursday dismissed the bail application of Mardan DSP Rajab Ali who was arrested for illegally acquired assets by National Accountability Bureau (NAB) Khyber-Pakhtunkhwa.
A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Waqar Ahmad Seth also dismissed the bail before arrest (BBA) application of DSP Rajab Ali’s close aide Latif Hussain who was subsequently arrested by NAB from the court’s premises.
However, Ali’s counsel Barrister Mudassir Ameer told the court that the bureau’s decision is contrary to Section 24-D of NAB Ordinance 1999 which states the bureau should provide reasons for the arrest.
He added the authorities have simply used the statement of naib tehsildar posted in Mahal, Kurram Agency as the basis for
the arrest.
Furthermore, Barrister Ameer said Ali should not be held behind bars as further investigation into the matter is under way.
Additional Deputy Prosecutor General Umer Farooq defended Ali’s arrest saying the official has bought land worth Rs180 million between 2008 and 2013.
According to Farooq, Latif Hussain had abetted Ali and is equally involved in
the crime.
Insiders familiar with the matter revealed that both Ali and Hussain are shareholders of land purchased in Mouza Thatta Khalil tehsil in Taxila. Hussain also allegedly attempted to mislead the investigation team during the enquiry by jointly preparing a document with Ali stating that he had purchased 80 kanals of land worth Rs14.087 million from the latter. Moreover, he has been charged with abetting Ali in his crime by providing false information about the validity of the document.
The forged documents were produced in court by the accused.
The court dismissed Ali’s bail and Hussain’s BBA applications. The latter will be summoned by an accountability court for his physical remand.
Earlier in April, NAB obtained a 10-day physical remand of Ali for allegedly possessing assets worth millions of rupees. After spending a month in custody, he was sent on judicial remand to Central Prison Peshawar.
The case against Ali received attention after complaints were lodged against him for illegally detaining people while he was posted as SHO of Hayatabad police station. Ali was removed from the post of Hayatabad SHO on March 20, 2012 and sent to Police Lines on the orders of the PHC. The court also took notice of the matter and directed NAB to conduct investigations.
According to the bureau’s report, Ali had accumulated assets worth over Rs200 million while serving as the SHO.
In July 2012, NAB froze Ali’s immovable assets which included a 40-marla plot and one kanal plot in Taxila, 32 kanals and a six-marla plot at Chinarabad, and a 15-marla plot in Lala Killay, Peshawar.
Published in The Express Tribune, October 31st, 2014.
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