Accountability court: PHC accepts Masoom Shah’s petition

PESHAWAR:

Peshawar High Court accepted Syed Masoom Shah’s petition challenging the accountability court’s dismissal of his plea bargain. PHC issued notices to National Accountability Bureau, seeking a reply, on Tuesday.

Shah has challenged the accountability court’s judgment which dismissed the plea bargain application filed by NAB after it was approved by its chairperson.

The bench, consisting of Chief Justice Mazhar Alam Khan Miankhel and Justice Younis Taheem, was hearing a writ petition filed by Masoom Shah through his counsel Barrister Zahoorul Haq and Barrister Waqar Ali. When the hearing commenced, the petitioner’s counsels stated the applicant’s offer for a plea bargain was approved by the NAB chairperson. And as part of the agreement, he had to pay Rs258 million, shared the counsels.



They added when NAB filed an application at the accountability court for approval, Judge Ibrahim Khan dismissed it, raising some objections.

Shah’s lawyers argued the accountability court has no authority to dismiss a plea bargain application. They asked its ruling be declared null and void and that the PHC approve the plea bargain.

They also asked the court to release the petitioner on bail till the case is decided.

NAB Deputy Prosecutor General Jamil Saraf argued the application filed by NAB contained information about the assets declared by Shah. He said, “Action can be taken in future against Shah if NAB gets information about more assets.”

Zahoor argued it was the NAB chairman’s responsibility to approve the deal after the scrutiny of assets was completed. He added the accountability court has no power to raise objection after approval from NAB.

The bench, after hearing the arguments, issued a notice to NAB K-P, seeking its reply. The case was adjourned till March 22.

Published in The Express Tribune, March 16^th, 2016.