Illegal assets: Court temporarily stays proceedings against former CM adviser

Counsel deems Ehtesab Commission’s enquiry against Syed Masoom Shah illegal

PESHAWAR: The Peshawar High Court on Tuesday has temporarily stayed further proceedings in an ongoing enquiry against an ex-adviser to former chief minister Amir Haider Hoti for illegally accumulating assets. Investigations were initiated by the Khyber-Pakhtunkhwa Ehtesab Commission.

A bench comprising Justice Yahya Afridi and Justice Roohul Amin Khan granted interim relief to former adviser Syed Masoom Shah and adjourned the case until Thursday.

During the hearing, the court was informed by Qazi Jawad Ihsanullah, counsel for Shah, that the National Accountability Bureau had already initiated an enquiry against his client in October 2013. However, Ihsanullah said, now the Ehtesab Commission has started another enquiry against Shah.

He added this was illegal as investigation into a case cannot be conducted by two separate agencies.

“We submitted all relevant documents to NAB and declared my client’s assets during the initial enquiry initiated against him,” Jawad said. “We even clarified Shah has inherited all his assets.”

According to the counsel, when a case is being investigated by a federal agency, other agencies who wish to initiate proceedings in the same case must seek prior permission. Jawad said the Ehtesab Commission has not fulfilled this requirement.

After hearing the arguments, the court issued a stay order, restraining the Ehtesab Commission from conducting the ongoing enquiry against Shah.

The court also heard the case of Noor Daraz Khattak, father of Pakistan Tehreek-e-Insaf MPA Gul Sahib Khan, who was arrested in a land grabbing case in Kohat. It adjourned proceedings in a number of cases, including Shah and Khattak’s, to Thursday.

Published in The Express Tribune, June 10^th, 2015.