Peshawar High Court. PHOTO: PHC WEBSITE
Peshawar High Court directed the Ehtesab Commission on Thursday to file a written response in two mining scams, for which detained former minister for mines and minerals development Ziaullah Afridi sought bail.
The Ehtesab Court sent Ziaullah to Central Prison Peshawar on August 25 on the contention that the high court had granted bail to him in one case only and did not mention anything about the Charsadda and Abbottabad mining scams.
A bench comprising Justice Musarat Hilali and Justice Muhammad Younis Thaheem directed Deputy Prosecutor General Zahid Aman to ensure the comments are filed by September 1 which is the next date of hearing.
Abdul Latif Afridi, counsel for Ziaullah, told the court his client was granted bail but when the order was put before the Ehtesab Court, it said bail was granted in only the first case of illegal mining. Latif cited Section 36 of KPEC Act (Amendment) 2015 which states that no court can take cognisance unless a reference of corruption is filed. He added no reference has been filed so far in Ziaullah’s case.
“The Ehtesab Court lacks the power to grant a judicial remand of an accused. The amendments made by the provincial assembly in the commission legislation have not been presented before the court so my client should be given bail in all the three cases,” Barrister Mudassir Ameer, another counsel for Ziaullah told the court.
Justice Hilali remarked that the accused should at least be informed about the charges against him prior to the arrest. She also asked the prosecution why three separate cases were registered and not one. Responding to her questions, Aman said whenever an accused is arrested, their involvement in other cases is revealed during the course of interrogation. He also produced a copy of the amended act before the court, signed by Governor Sardar Mahtab Ahmad Khan.
He also requested the court to grant him time to go through Ziaullah’s petition, consult the commission’s investigation wing and file a response.
Published in The Express Tribune, August 28th, 2015.
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