SC upholds PHC verdict, rejects bail plea of ex-KP minister

ISLAMABAD: The Supreme Court on Tuesday dismissed the bail application of former Khyber Pakhtunkhwa (KP) minister for mines and mineral development Ziaullah Afridi.
A two-member bench of the apex court, comprising Justice Mushir Alam and Justice Umar Ata Bandial, heard the bail application filed by former KP minister Ziaullah Afridi against the verdict of Peshawar High Court (PHC).
A PHC bench, comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser, on September 22 had denied bail to Ziaullah Afridi and former director general of mines Dr Liaquat Ali in cases of misuse of authority and corrupt practices.
After the rejection of his bail application by the PHC, Ziaullah Afridi had moved the Supreme Court.On Tuesday, Deputy Prosecutor General NAB, Khyber Pakhtunkhwa, Zahid Aman submitted before the court that Ziaullah Afridi had caused a huge loss to the KP exchequer by awarding the lease to his ‘blue eyed boy.’
He informed the court that in Abbottabad, the mining licence for the excavation of phosphate was awarded to Sahara Mines Company, which belonged to Naheed Khan. He further submitted that the award of licence was given for two blocks A and B in Abbottabad, but they excavated 64,000 tonnes phosphate from block C, which was illegal.
He said that 32 challans were issued to the Sahara Company. The prosecutor NAB said that the minister awarded the licences mala fide and to benefit his blue-eyed boys. Muhammad Akram Sheikh, counsel for Ziaullah Afridi, however, contended that the lease for excavation was granted before his client became the provincial minister. He said the prospecting licence was granted in 2008.
He further contended that there was no direct evidence of his client’s influence, adding that the prosecution could not collect any evidence. He said that even the minister passed a verbal order but that was reduced in writing. He questioned as to whether the statement of the mines department official could be taken into account on the bail stage. He argued that the statements were recorded in the absence of the former minister.
The learned counsel for the appellant informed the court that Ayaz Khan had developed the area and therefore applied for the mining licence in 2012, which was renewed up to 2018.He said that Ziaullah was not even a member of the committee that had extended the mining lease for Muhammad Ayaz in Charsadda. He contended that his client had filed 497 FIRs against suspects of illegal mining but no one had been arrested so far.
He further submitted that the anti-graft body had not yet filed any reference against his client, hence he prayed the apex court to grant bail to his client.
Meanwhile, the court after hearing both the parties, dismissed the bail application of Ziaullah Afridi and asked the National Accountability Bureau (NAB) to continue its proceedings against the accused.
Ziaullah Afridi, MPA, who was also expelled from the Pakistan Tehreek-e-Insaf, was arrested on July 9 when he was the provincial mines minister.The Ehtesab Commission had initially charged him with carrying out illegal postings and transfers and facilitating illegal mining in the province.
Later, he was charged in two other cases accusing him offacilitating illegal extension in the lease of chromite mines in Charsadda and facilitating illegal mining of phosphate in Abbottabad.Dr Liaquat Ali was arrested on June 17 on almost the same charges and so far, he has been booked in four cases of alleged illegal appointments and facilitating illegal mining.
The high court had earlier granted interim bail to Ziaullah on Aug 25 in the initial case on technical grounds. However, he was later declined bail in the other two cases against him.