PHC stops court from framing charges against ex-DG FDMA

PESHAWAR: The Peshawar High Court (PHC) on Wednesday stopped an accountability court from framing charges against the former director general of the Fata Disaster Management Authority (FDMA) till the next order.
A division bench comprising of Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser issued the restraining order in a writ petition of Arshad Khan, former DG FDMA, who is currently serving as additional home secretary.
The petitioner’s lawyer Barrister Waqar Khan submitted that first the NAB KP arrested him in a case about the embezzlement of Rs60 million from the money issued for the affected population from Mohmand Agency.
After starting trial of the case, he said the NAB also arrested and charged him in another case of about the embezzlement of funds worth Rs300 million released as compensation for displaced tribespeople of Bajaur Agency.
He submitted that under the law, the NAB cannot file two references against the accused. He prayed before the court to stop the accountability court from framing charge against the petitioner in the second case.
The court restraining the accountability court from framing charges against the additional secretary home issued notice to chairman NAB to explain position on this legal point.
The NAB claimed the officials were involved in embezzling funds worth Rs300 million released as compensation for displaced tribespeople of Bajaur Agency.
The Bureau insisted the money never fully trickled down to the intended recipients and was instead pocketed by Arshad and Irfanullah.
Under the Housing Uniform Assistance Subsidy Project, the federal government and USAID reimbursed money among those whose houses were damaged during the military offensive against militants in Bajaur Agency.
At least Rs0.4 million was allocated for those tribespeople whose houses were destroyed completely while Rs0.16 million was set aside for those whose houses were partially damaged. Overall, Rs2.5 billion was set aside for the people of Bajaur alone.
“In connivance with other officials, Irfanullah prepared hundreds of counterfeit survey forms of fake or ineligible affectees and included the names in the list of payments to misappropriate the funds,” read a statement issued by NAB.
It added Arshad Khan rubber-stamped all the forms and misled the Provincial Disaster Management Authority and Provincial Reconstruction, Rehabilitation and Settlement Authority.
Arshad Khan was already in judicial custody of the bureau in another case of embezzling Rs60 million from the money issued for the affected population from Mohmand Agency – a major chunk of which has already been recovered.
He was arrested on April 3 in the case and the Peshawar High Court has already dismissed his bail petition.