Dismissing Masoom’s plea bargain application
PESHAWAR: The Peshawar High Court (PHC) on Tuesday put on notice the National Accountability Bureau (NAB) chairman in a writ petition filed by Syed Masoom Shah, adviser to a former chief minister, against the accountability court’s decision of dismissing his plea bargain application.
A two-member bench comprising of Justice Nisar Hussain Khan and Justice Roohul Amin Khan also issued notice to Accountability Court No-1 to submit reply in the petition for dismissing the plea bargain application for the release of the petitioner.
In the accountability court’s judgment on the plea bargain application of the NAB for release and acquittal of Syed Masoom Shah, the court had directed the NAB Khyber Pakhtunkhwa to complete investigation into the case without any further delay and submit reference against Masoom Shah within a fortnight.
The accountability court’s judge Muhammad Ibrahim Kan stated in the judgment that the accountability courts were not rubber-stamps to approve whatever was placed before them; rather these courts had the power to check the plea bargain agreement approved by the NAB chairman.
The accountability court had also ordered the freezing of Rs258.75 million, which the accused, Syed Masoom Shah, had offered for settlement to the NAB on account of plea bargain, and asked the NAB to investigate whether the said money was acquired through legal or illegitimate means.
During the course of hearing, the petitioner’s lawyer Barrister Zahoorul Haq submitted that his client first applied for voluntary return in the case for accumulation of illegal assets, but the offer was rejected by the chairman NAB and his case was converted into investigation.
He informed the bench that to avail another legal remedy under the National Accountability Ordinance the petitioner straightaway filed an application for plea bargain. He added the chairman NAB on December 3, 2015 approved the application.
However, the lawyer noted that the accountability court twice returned the plea bargain application to the NAB with certain objections.He said the accountability court put up eight queries to the NAB and the petitioner instead of allowing the plea bargain application.
In the grounds of the petition, it was stated that the petitioner’s plea bargain was accepted by the competent authority and he deposited Rs91,750,000 as down payment and two bank guarantees of Rs153,000,000. Besides, he returned 390 tolas gold, which was in the possession of NAB.
It said that the accountability court erred by issuing direction to the NAB for completion of the investigation and filing reference against the accused.The petition said the accountability court had completely misinterpreted section 25 of the National Accountability Ordinance and exercised jurisdiction that wasn’t vested in it.
It argued that the accountability court committed an error by freezing the plea bargain amount.It was prayed before the court to declare the accountability court’s decision as void and release the petitioner on bail till disposal of the petition.
