The accountability court has turned down National Accountability Bureau Khyber-Pakhtunkhwa’s request to summon six high-ranking officials in the multi-billion weapons scam case. The decision was made after the court observed the filed application has no force before the trial court.
The six-page verdict penned by judge Muhammad Ibrahim Khan observed there is no substitute to the Supreme Court of Pakistan to decide upon the complex issue within the definition of Sections 170(1) and 173 of the Criminal Procedure Code.
“Accused Malik Naveed Khan and Javed Khan are in custody when by now more than 19 months have been passed and unnecessary adjournments have been taken for undue tactics adopted by the prosecution,” the order reads.
NAB had requested the court to summon the then AIGP and former Frontier Constabulary commandant Abdul Majeed Khan, former AIGP operations Abdul Latif Khan, Central Police Office DIG Sajid Ali Khan, former DIG headquarters Muhammad Suleman Khan, the then AIG establishment CPO Kashif Alam and former DIG telecommunication Sadiq Kamal Orakzai in the weapons scam that has been under trial for a prolonged period.
“The trial court has left the option open to summon the accused during the course of trials, if the NAB chairman forwarded some solid and convincing reasons against the involvement of un-arrested accused,” the order quoting the review petition judgment read.
Muhammad Ibrahim Khan further wrote the NAB application was not in consonance with apex court directives. He added it was drafted on June 3, a day before the NAB’s review petition was also dismissed by the Peshawar High Court (PHC).
“This court and the NAB now must turn up to be serious to conclude the trial within four months as directed by the Supreme Court in its judgment following the bail petition of accused Malik Naveed,” added the verdict.
It concluded with such observations in place, the application – which holds no force before the court – is being returned. In the best interest of the trial’s fair proceedings, NAB DG may approach Senior Prosecutor Mushtaq Ahmad to frame the charges on June 24.
Fifth occasion
This is not the first time the bureau’s summon request has been turned down by a court of law in the instant case.
On March 28, 2014, the accountability court refused to summon the aforementioned, against which NAB approached the high court. The PHC dismissed the petition on September 11, 2014. Subsequently, the high court dismissed another petition in this regard on March 25. The bureau was quick to file a review petition which also met the same fate on June 4.
During the previous hearing, Deputy Prosecutor General Muhammad Jamil told the court the six officials were part of the inter-departmental committee responsible for the procurement of weapons and other equipment. He said that in a March 18 judgment, the SCP had stated that a court of law can summon any accused, whether a warrant is in place or not.
NAB filed the reference maintaining Rs2.03 billion was embezzled during the procurement of weapons for K-P police during 2008-10.
Published in The Express Tribune, June 21st, 2015.
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