Legalities : Reply sought on constitutional status of Ehtesab Commission

court considering Ziaullah’s bail application.

PESHAWAR: The Peshawar High Court has ordered the provincial government to submit a reply on the constitutional application of the Ehtesab Commission. If the reply is not received, former minister for mines and mineral development Ziaullah Afridi may be entitled to interim relief.

These orders were issued by a division bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser while hearing a petition filed by  Ziaullah and others through Barrister Mudassir Ameer on Thursday. He said the court asked the provincial government and Ehtesab Commission to submit
its replies.

He pointed out that the replies had not been submitted to date and his client and others accused were suffering as a result.

After of the hearing, Miankhel said the court wants to decide the constitutional status of cases related to Khyber-Pakhtunkhwa Ehtesab Commission Act 2014 on an immediate basis.

However, the delay in replies from the government has delayed proceedings. The bench asked the additional advocate general to submit his replies by November 10 so that the court can consider Ziaullah’s bail application.

Ziaullah was arrested on July 9 over the alleged misappropriation of billions of rupees through illegal mining. Later, the Commission registered two other cases against him for illegal mining in Charsadda and Abbottabad.
The cases stated the minister was involved in illegal mining in Nowshera district and made unlawful appointments and transfers in the department during his tenure.

Green signal

The same bench extended the interim relief to Abdul Wali Khan University Mardan Vice Chancellor Dr Ihsan Ali for two weeks and allowed him to attend
the VCs conference for two weeks.

Dr Ihsan Ali, through his counsel Qazi Anwar, told the court NAB was yet to submit its comments on the allegations levelled against him. He has been accused of registering the Northern Institute of Medical Sciences without following proper procedures. However, the NAB prosecutor informed the bench that the bureau submitted its reply.

Later, Anwar asked the court to extend interim relief for his client who wanted to attend a conference in another city. The bench ultimately granted permission to the suspect to attend the conference and allowed interim relief. The case was adjourned till November 19.

Published in The Express Tribune, November 6^th, 2015.