PESHAWAR: The Peshawar High Court (PHC) on Tuesday declared three years sentence to former provincial minister for housing and physical planning Habibullah Kundi in absentia by accountability court as void and directed him to appear in the court for standing a trial. A two-member bench comprising Chief Justice Mazhar Alam Miankhel and Justice Roohul Amin Khan announced the verdict. The sentence was handed down in year 2001.
The bench also set aside the accountability court order of freezing his assets in the corruption case. During the hearing, lawyer for the appellant Qazi Muhammad Anwar submitted that the NAB had charged Habibullah Kundi along with others, including former chief minister Aftab Ahmad Sherpao, erstwhile senator Gul Sher, Tehsildar Mosam Khan and others in the purchase of the Ring Road land acquisiion scam.
The lawyer submitted that all the other accused persons were later acquitted of the charges, but he was sentenced by the accountability court due to his absence and non-appearance in the case. He said the appellant was a heart patient and had gone abroad for treatment during the trial.
The lawyer said his client had no role in the Ring Road land scam as he had only approved the summary and sent the same to the chief minister. He prayed the court to declare the sentence void and de-freeze his assets. The NAB prosecutor submitted before the court that appeal of the former minister had become time barred and thus be dismissed.
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