PHC questions NAB over arrest warrants for under-trial suspects

PESHAWAR: The Peshawar High Court (PHC) on Wednesday questioned the National Accountability Bureau (NAB) to explain in the next hearing whether it could issue arrest warrants for suspects in a case in which the trial has commenced in the accountability court.

A two-member bench comprising of Chief Justice Mazhar Alam Miankhel and Justice Younis Thaheem inserted the question in a writ petition of six serving and retired police officers filed against the issuance of arrest warrant by the NAB chairman against them in a case concerning the alleged embezzlement in the procurement of weapons for the provincial Police Department. 

The court further extended the restraining order to March 16, the next hearing of the case, and directed the NAB not to arrest or harass the petitioners.The suspects include senior cops who were holding important positions at the time. Among them are former commandant of Frontier Constabulary (FC) Abdul Majeed Marwat, the retired additional inspector general of police (operations) Abdul Latif Gandapur, DIG at Central Police Office Sajid Ali Khan, the then DIG Headquarters Peshawar Mohammad Salman, then AIG (Establishment) Kashif Alam and then DIG (Telecommunications) Sadiq Kamal Orakzai.

During the hearing, the petitioners’ lawyer Anwarul Haq submitted that the NAB chairman had issued arrest warrant of the petitioners in the weapons scam in which the accountability court had already refused the NAB request to frame charges against them.

He said the names of the petitioners were mentioned by the NAB in a reference filed before the accountability court, but the court didn’t summon them for framing of charges as it observed that their roles had not been spelt out in the reference.

The order of the accountability court was upheld by the Peshawar High Court. It said the act of NAB was based on malafide intentions as it had already lost cases in the accountability court, high court and Supreme Court about the non-summoning of the petitioners by the accountability court for indicting them in the said case.

Lawyer Anwarul Haq argued that once the trial commenced in the case, the NAB chairman had no power to issue the arrest warrant of the suspects as such an authority rested with the court. He said the arrest warrant was issued on the basis of malafide intentions as three courts had turned down the NAB plea to summon the police officers in the case.

However, NAB Deputy Prosecutor General Jamil Khan submitted that the NAB chairman had the power to issue arrest warrants even after commencement of trial of the suspects in a case. He informed the bench that he would assist the court on the question at the next hearing.

The prime suspect in the case, Malik Naveed Khan, who was the provincial police officer at the time, and the police budget officer, Jawed Khan, are presently under trial in the accountability court.

Another suspect, Amir Ghazan Khan, who is brother of former chief minister Ameer Haider Hoti, was acquitted by the court while his brother-in-law Raza Ali was set free after his plea bargain application was accepted by the NAB.