Question of jurisdiction: NAB disputes protective custody of engineer

Says lower court has no authority to do so

PESHAWAR: The National Accountability Bureau has challenged an accountability court ruling under which Risalpur Locomotive Factory deputy chief engineer Fiaz Ali Shah was sent on protective custody. NAB’s plea to extend Shah’s remand had been denied.

A division bench of Peshawar High Court has sought replies from the accountability court.

NAB Special Prosecutor Azim Daad told Justice Irshad Qaiser and Justice Musarrat Hilali on October 20, 2015 NAB arrested Shah and obtained seven-day physical remand from the court. Daad said NAB requested the accountability court to grant an extension to detain Shah for further interrogation.

However, the request was rejected and the suspect was sent into protective custody. Daad requested the PHC bench to set aside the ruling made by the accountability court, as a lower court cannot send an accused to protective custody. The bench issued notices to the court and the suspect, seeking replies from both the respondents.

Illegal assets

On December 5, 2015, NAB filed a corruption reference with the accountability court against Shah for accumulating illegal assets. NAB charged Shah with amassing assets worth Rs13.2 million which, as per the bureau, were beyond his known sources of income.

He was accused of possessing two high-value plots in Sheikh Maltoon Township in Mardan, a CNG station, a 10-kanal commercial plot in Nowshera and 16 kanals in Mardan. NAB claimed the property Shah owned was accumulated through illegal means.

Published in The Express Tribune, January 26^th,  2016.