Pre-emptive measures: Welfare minister gets pre-arrest bail in embezzlement case

The minister is facing an inquiry for misuse of power and embezzlement of public funds

KARACHI: The Sindh High Court (SHC) granted on Tuesday pre-arrest bail to an incumbent provincial minister belonging to the Pakistan Peoples Party (PPP) in a corruption case against him, issuing notices to the prosecution to file their replies within two and a half weeks.

Syed Ali Mardan Shah, the provincial population welfare minister, is facing an inquiry recently launched by the National Accountability Bureau (NAB) for misuse of power and embezzlement of public funds.

The NAB, in its executive board meetinglast week, chaired by Qamar Zaman Chaudhry, had decided to authorise corruption inquires against him and other key political leaders, including former Balochistan chief minister Aslam Raisani and former Sindh education minister, Pir Mazharul Haq.

Fearing arrest, Shah, who has also served as fisheries minister from 1994 to 1996, approached the provincial top court against the anti-corruption institution and submitted that he was being harassed by investigators.

The minister contended that the he was being implicated illegally and maliciously despite the immunity he enjoyed under Article 248 of the Constitution which states that the President, prime minister, federal ministers, state ministers, chief ministers and provincial ministers will not be answerable to any court for the exercise of powers and performance of functions of their respective offices.

The SHC division bench, headed by Justice Sadiq Hussain Bhatti, after hearing the arguments approved Shah's plea and granted him interim bail for a sum of Rs500,000 till July 3. The bench also issued notices to NAB and the federation to file their replies in the meantime.

Speaking to The Express Tribune, the minister's attorney, Barrister Zamir Ghumro, said no concrete evidence had surfaced against his client yet, nor did the investigators have any clue of his involvement in any offence. "This was a complete violation of the rights my client enjoys as a public representative and a minister," he said.

On the other hand, a spokesperson for NAB said that the investigation into the alleged misuse of public funds was underway and it would not be affected even if the accused had been granted bail. "It is his right though."

The Express Tribune tried to the reach the minister at his residence and through his personal assistant, Bhuro Mal, but he was not available for comments.

Published in The Express Tribune, June 17^th, 2015.