Embezzlement case: High court dismisses bail plea of former FDMA DG

Five accused in the same case returned misappropriated amount

PESHAWAR:

Bail plea for former director general of the FATA Disaster Management Authority (FDMA) was dismissed on Wednesday in a case of embezzlement of funds meant for war-affected people of Mohmand Agency.

Counsels for the accused Arshad Khan told Peshawar High Court the government had formed a survey committee on December 14, 2012. They argued Arshad was not the FDMA director general when surveys were being conducted.

However, National Accountability Bureau arrested Arshad on April 3 – at the time he was serving as the home and tribal affairs additional secretary. He spent 20 days in the custody of NAB after which he was sent to Central Prison Peshawar on April 23 and has behind bars since.

The government had announced compensations of Rs160,000 for partially damaged houses and Rs400,000 for completely damaged houses in Mohmand and Bajaur agencies.

Paid back in full

Five others who were also arrested in the same case have returned the amount they were accused of misappropriating, said a counsel. Another accused, Irfanullah, made a plea bargain with NAB and was released after paying the due amount, added Arshad’s counsels.

“There were 71 unverified survey forms and if a maximum of Rs0.4 million was [paid] to the affected people then the total becomes Rs28.4 million,” said one of Arshad’s lawyers. “In excess of this amount has already been paid to NAB – there remains no justification to keep my client under custody.”

The counsels added Arshad was not responsible for the payment to the affected people; it was the Provincial Disaster Management Authority that had to make the payments.

The lawyers argued Arshad had to sign forms forwarded by the political administration and confirmed by the survey team. They added their client was arrested on the basis of the statement made only by a networking and system administrator.

NAB Additional Prosecutor General Umer Farooq told the court there were 122 survey forms that were not in the records of any relevant authority. Those forms included 73 bogus and 49 verified ones.

The prosecutor added other accused had also opened a fake bank account for the affected people and the total amount embezzled by Arshad and others sums up to Rs60 million.

A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Haider Ali Khan dismissed the bail petition after hearing arguments from both sides.

Published in The Express Tribune, June 18^th, 2015.