Notice issued to forest secretary suspended
Petitioner’s lawyer argues NAB K-P overstepping authority
Peshawar High Court. PHOTO: PPI
PESHAWAR:
The Peshawar High Court suspended the call-up notice issued to the forest secretary by National Accountability Bureau (NAB) Khyber-Pakhtunkhwa in a case of alleged embezzlement.
It also sought replies from NAB chairman, NAB K-P director general, K-P chief secretary and Dr Anis Rahman, a member of Galiyat Board of Authority (GDA) in this regard.
Forest Secretary Syed Nazar Hussain filed a petition through his lawyer, Muhammad Asghar Kundi. The petition was heard by a bench of Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser on Wednesday.
Kundi told the bench the petitioner was the director general of GDA before being posted as forest secretary.
The petitioner was directed by the Khyber-Pakhtunkhwa government to address the issue of an encroachment constructed on government-owned land. Kundi added GDA launched an encroachment drive and retrieved a large portion of the land.
“GDA also issued a notice to Abida Rahman, wife of Anis, who leased a plot and constructed a building beyond the given limit.”
Kundi told the bench Anis was a member of Galiyat Board of Authority at the time of the encroachment drive.
“However, Anis did not seek GDA’s approval and converted the property into a guesthouse and café,” the lawyer said.
Kundi added, “At the time, GDA was vigorously implementing building control rules whereby using residential property for commercial purposes is strictly prohibited. This angered the traders associations in Nathiagali and Dunga Gali, and they filed a complaint with the chief minister, accusing the petitioner of discrimination.”
Kundi told the bench Abida was served two more notices on the directives of the chief minister, but she did not comply with them.
Subsequently, GDA suggested the board should cancel the lease of the plot. The proposal was placed on the board’s agenda.
However, the lawyer added, Anis wrote a letter to the NAB chairman and director general for K-P, asking them to take action against the petitioner for misappropriating money.
“Anis did this to get the proposal to cancel the lease off the board’s agenda,” he said.
The lawyer said NAB DG sent a letter to the petitioner on February 27, 2015 to remove the proposal to cancel the lease from the board’s agenda. He added this move was a clear interference in GDA’s affairs and a transgression of powers by NAB K-P DG under the National Accountability Ordinance.
The petitioner took up the matter in the PHC and the letter was subsequently suspended.
Called up
Moreover, when the petitioner was appointed forest secretary, NAB chairman and K-P DG asked him to constitute a prevention committee on the forest sector that would run the affairs of the forest department, Kundi said.
“But since he did not implement the letter, NAB issued a call-up notice against him.” Kundi said the forest department is a provincial institution and NAB does not have any authority to interfere in its affairs.
“NAB issued a call-up notice to the petitioner to appear before an assistant director without informing the former of his crime.”
Kundi asked the bench to suspend the call-up notice and restrain NAB from arresting the petitioner.
The bench accepted the plea and issued notices to the respondents in the case.
Published in The Express Tribune, February 4th, 2016.
The Peshawar High Court suspended the call-up notice issued to the forest secretary by National Accountability Bureau (NAB) Khyber-Pakhtunkhwa in a case of alleged embezzlement.
It also sought replies from NAB chairman, NAB K-P director general, K-P chief secretary and Dr Anis Rahman, a member of Galiyat Board of Authority (GDA) in this regard.
Forest Secretary Syed Nazar Hussain filed a petition through his lawyer, Muhammad Asghar Kundi. The petition was heard by a bench of Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser on Wednesday.
Kundi told the bench the petitioner was the director general of GDA before being posted as forest secretary.
The petitioner was directed by the Khyber-Pakhtunkhwa government to address the issue of an encroachment constructed on government-owned land. Kundi added GDA launched an encroachment drive and retrieved a large portion of the land.
“GDA also issued a notice to Abida Rahman, wife of Anis, who leased a plot and constructed a building beyond the given limit.”
Kundi told the bench Anis was a member of Galiyat Board of Authority at the time of the encroachment drive.
“However, Anis did not seek GDA’s approval and converted the property into a guesthouse and café,” the lawyer said.
Kundi added, “At the time, GDA was vigorously implementing building control rules whereby using residential property for commercial purposes is strictly prohibited. This angered the traders associations in Nathiagali and Dunga Gali, and they filed a complaint with the chief minister, accusing the petitioner of discrimination.”
Kundi told the bench Abida was served two more notices on the directives of the chief minister, but she did not comply with them.
Subsequently, GDA suggested the board should cancel the lease of the plot. The proposal was placed on the board’s agenda.
However, the lawyer added, Anis wrote a letter to the NAB chairman and director general for K-P, asking them to take action against the petitioner for misappropriating money.
“Anis did this to get the proposal to cancel the lease off the board’s agenda,” he said.
The lawyer said NAB DG sent a letter to the petitioner on February 27, 2015 to remove the proposal to cancel the lease from the board’s agenda. He added this move was a clear interference in GDA’s affairs and a transgression of powers by NAB K-P DG under the National Accountability Ordinance.
The petitioner took up the matter in the PHC and the letter was subsequently suspended.
Called up
Moreover, when the petitioner was appointed forest secretary, NAB chairman and K-P DG asked him to constitute a prevention committee on the forest sector that would run the affairs of the forest department, Kundi said.
“But since he did not implement the letter, NAB issued a call-up notice against him.” Kundi said the forest department is a provincial institution and NAB does not have any authority to interfere in its affairs.
“NAB issued a call-up notice to the petitioner to appear before an assistant director without informing the former of his crime.”
Kundi asked the bench to suspend the call-up notice and restrain NAB from arresting the petitioner.
The bench accepted the plea and issued notices to the respondents in the case.
Published in The Express Tribune, February 4th, 2016.