Notice issued to NAB over 'unlawful arrest

PHC rejects bail plea of assistant food controller in wheat embezzlement scandal

PESHAWAR:

The Peshawar High Court (PHC) has issued a notice to the National Accountability Bureau (NAB) in response to a writ petition filed against the arrest of a suspect involved in the Kohistan financial scandal, despite the suspect's submission of a voluntary return application.

A division bench comprising Justice Sahibzada Asadullah and Justice Farah Jamshed heard the petition filed by Muhammad Riaz.

During the hearing, the petitioner's counsel, Advocate Aminur Rehman Yousafzai, informed the court that NAB was investigating the Kohistan scandal and had issued a call-up notice to his client. He stated that NAB had informed his client that he could opt for a plea bargain by submitting a voluntary return application.

Following this, his client submitted the application on May 16, 2025. However, NAB issued another call-up notice on July 2, 2025, summoning him again. When the petitioner appeared before NAB on July 11, he was taken into custody, without a decision being made on his earlier application, the lawyer said.

He further argued that the arrest was unlawful and caused his client severe mental distress. Subsequently, his client was presented before an accountability court, which granted NAB an eight-day physical remand.

Citing the 2022 amendments to the NAB laws, the counsel contended that under Section 24, a person can only be arrested if they fail to appear before NAB, attempt to flee the country, tamper with prosecution records, or are found to be reoffending. He emphasized that none of these conditions applied to his client and that a decision on the voluntary return application was legally required before any arrest.

He accused NAB of misusing its authority and requested the court to declare the arrest illegal and order his client's release.

After hearing the preliminary arguments, the two-member bench issued a notice to NAB and adjourned further proceedings until July 29.

Meanwhile, PHC has rejected the bail application of Assistant Food Controller Khalid Khan, who was arrested in connection with a major wheat embezzlement scandal.

The case was heard by a single-member bench headed by Chief Justice Justice SM Atiq Shah. During the hearing, the defense counsel argued that the FIR against his client had been registered by the Anti-Corruption Department without any substantial evidence, and therefore, requested the court to release the accused on bail.

However, Additional Advocate General Muhammad Inam Yusufzai informed the court that the accused, Khalid Khan, serving as Assistant Food Controller, had colluded with other individuals to embezzle 1,700 metric tons of wheat from the government warehouse in Azakhel, Nowshera. The misappropriation caused a loss of Rs200 million to the national exchequer.

He further stated that an inquiry was conducted, and a case was subsequently registered by the Anti-Corruption Department. The Khyber-Pakhtunkhwa Anti-Corruption Court had earlier dismissed the bail plea on the basis of strong evidence against the accused.

After hearing both sides, the High Court also dismissed the bail petition, maintaining the previous ruling.