PHC restrains NAB from arresting officials in embezzlement case

PESHAWAR: The Peshawar High Court (PHC) on Tuesday restrained the National Accountability Bureau (NAB), Khyber Pakhtunkhwa, from arresting two Grade-19 officials in connection with an inquiry into the embezzlement of funds in development projects in Mansehra and Torghar districts.

The projects were approved under the Prime Minister’s development schemes programme for the National Assembly constituency NA-21.A two-member bench comprising Chief Justice Mazhar Alam Miankhel and Justice Roohul Amin Khan issued the restraining order in writ petitions of Planning and Development Department Additional Secretary Dr Ambar Ali Khan and Independent Monitoring Unit Director General Zulfiqar Ali Khan.

The bench stated in its short order that the petitioners would join the NAB’s inquiry. The NAB was restrained from arresting and harassing the two officials.The bench also directed NAB to submit comments in the petitions within 10 days.

During the course of hearing, the petitioners’ lawyers, including Qazi Muhammad Anwar, Sardar Ali Raza and Barrister Waqar, submitted that NAB had already submitted a reference in similar charges and in the case against the petitioners about alleged embezzlement in the funds for NA-21 Mansehra-II development schemes.

They informed the bench that 567 development schemes were approved for Mansehra and Torghar districts. They said that NAB said in its first reference submitted in the accountability court that inquiry was conducted in 131 schemes worth Rs100 million. The lawyers noted that NAB didn’t carry out an inquiry in the remaining schemes worth Rs125 million.

They said the NAB arrested the petitioners and completed investigation. Later, they added that the petitioners were bailed out by the Supreme Court in the case.Due to malafide intention, they said NAB started the inquiry in the remaining schemes, arguing it was illegal and against the law.

They maintained that NAB should conduct an inquiry in all the schemes in one go instead of doing it in installments with the intent to harass the officials and force them to seek plea bargain.

The NAB had earlier arrested several senior government officials in the scam. They included Dr Ambar Ali Khan, Zulfiqar Khan, Audit Deputy Director Muhammad Aslam Rafique, contractor Abdul Mustafa, Infrastructure Tehsil Officer Muhammad Bashir, accountant Maqboolur Rehman, Assistant Tehsil Officer Abdul Hameed, and sub-engineers Muhammad Raziq and Azhar Jalil. 

The NAB said the accused along with some other officials misused their authority and embezzled Rs100 million through ‘ghost’ projects and substandard development schemes in Mansehra and Torghar. 

It said under directives from the prime minister, funds were allocated for development schemes in NA-21 Mansehra-II constituency for which the government under the “People’s Works Programme-II” allocated Rs225 million for the execution of 567 schemes, including construction and rehabilitation of roads, streets and wells.

It alleged that during their respective tenure as deputy commissioner of Mansehra, Dr Ambar Ali Khan and Zulfiqar Ali Khan in connivance with other officials embezzled the funds.