Minister’s acquittal plea under NAO amendments dismissed

Court says decision about accused possible after trial

LAHORE:

An accountability court has dismissed acquittal pleas of provincial minister Sibtain Khan and seven other accused in the over a decade old Chiniot mining scandal filed under amendments introduced last year in the National Accountability Ordinance (NAO).

In a 13-page detailed order, the court upheld that without giving an opportunity to the prosecution to pursue evidence for proving allegations, it would neither be legal nor proper to jump to the conclusion that there was not probability of conviction of the accused over an offence. The court ruled that the petitioners’ plea did not fall under the amended ordinance. It stated that the prosecution had contended that it had evidence of monetary benefits and the case was not just of procedural irregularities but of embezzlement.

There are not only direct allegations against the public office holders that they received illegal gratification and played their role for approval of the joint venture, but the prosecution also claims to have evidence, particularly that of the approver to prove that the entire exercise was made with mala fide intention,” the order read. The court asserted that the decision about acquittal can be made after the trial.

“The ground as to acquittal, on the basis of the individual role allegedly attributed to each of the accused/petitioner can also not be considered at this stage without recording of evidence because each of the accused has been attributed separate and specific role allegedly played by him towards the completion of alleged offence in aid, abetment, assistance of each other and the guilt of innocence of the accused/petitioner in the respective charges has to be decided after completion of evidence and on the conclusion of trial.”

The reference filed by the National Accountability Bureau (NAB) accused former provincial minister for mines & minerals Sibtain Khan along with other accused persons of involvement in illegally granting a contract in 2007 with alleged connivance of management of Punjab Mineral Development Corporation regarding leasing rights of iron ore deposits in the Rajoa and Chiniot areas.