Secretary acquitted of NAB charges after five years

PESHAWAR: Higher Education Department Secretary Arshad Khan has spent almost two years in NAB custody and released by Peshawar High Court on bail.

Later on an accountability court acquitted him of all charges after at least five years legal battle in December, 5, 2019. The accountability court judge said the court reached the conclusion that the prosecution failed to prove the charges of accumulating illegal assets/property against the accused, rather the accused explained his assets and property from his lawful sources of income. One case was quashed by the superior courts while another case in still pending.

Meanwhile, a NAB spokesman told this scribe they are going to file an appeal against the decision of the accountability court in Peshawar High Court. He was on judicial custody after NAB remand ended. NAB expected that accountability court should decide the case as per clause 16 (a) of the NAB Ordinance which says, “Notwithstanding anything contained in any other law for the time being in force and an accused shall be prosecuted for an offense under this ordinance in the court in the case shall heard from day-to-day and shall be disposed of within 30 days.”

NAB spokesman further said they always believed in law and acted according to the law. “When the accused is in NAB custody, we legally get his remand. We have filed reference against Arshad Khan in accountability court in Peshawar. Firstly, he opposed the jurisdiction of NAB about FATA. That decision came in our favour. It’s too early to talk about self-accountability as the decision has not gain finality. We have many options left to fight our case as per law. We also expect Jang Group to kindly avoid speculations and sweeping statements as NAB always believed in self-respect of every person and always proceed according to the law,” the spokesman said.

“The impression being given by you about one bureaucrat is not correct. We believe in law and as per law filed a reference against him. If he has been acquitted by the accountability court, Peshawar, we will fight our case in High Court as per law after receipt of certified copy of the decision,” he maintained

After a trial of almost five years of Arshad Khan, the accountability court reached the conclusion that the prosecution failed to prove the charges of accumulating illegal assets/ property against the accused, rather the accused explained his assets and property from his lawful sources of income. As such on extended benefit of doubt to the accused, he was acquitted of the charges leveled against him. Accused on bail his bail bond stand cancelled and sureties are discharged towards the liability of bonds.

The National Accountability Bureau (NAB), Khyber Pakhtunkhwa had arrested Arshad Khan the then Additional Secretary Home and Tribal Affairs Department on April 4, 2015 along with two other officials in a case of embezzlement of compensation funds designated for Internally Displaced Persons (IDPs) being the Director General (DG) of FATA Disaster Management Authority.

NAB alleged that Arshad Khan embezzled over Rs50 million in the compensation payment meant for the affectees of the military operations against militants in Mohmand Agency. Khan along with two other officers Sirajuddin and Irfan had been accused of misappropriating millions allocated for the aid of IDPs of Malakand and Mohmand Agency areas.

According to the NAB inquiry, Khan verified a list of 122 bogus IDPs and forwarded it to Provincial Disaster Management Authority (PDMA) and Provincial Reconstruction and Settlement Authority (Parsa) for payment.

Peshawar High Court allowed his bail petition on February, 14, 2017 after almost two years. Justice Roohul Amin had granted him bail against bail bond of Rs 5 million with two local, reliable and resourceful sureties.

Arshad Khan told this scribe that he was arrested on April 4, 2015 for the alleged misuse of disaster management funds being FATA DG and assets beyond known means cases. NAB got remand from the accountability court and he spent 80 days in NAB custody. He was sent to jail after expiry of remind where he remained for two years. He had faced litigation, defamation and humiliation during trial of a baseless case and spent over Rs10 million on litigation. His wife, an arthritis patient, became bed-ridden. His son started using narcotics to fight depression. “It was worse time of my life with mental torture and humiliation in a baseless case. Law doesn’t permit, otherwise, I will sue the officers involved in my groundless case,” he added

Umar Cheeema, an investigative journalist, reported in “The News” on March 31, 2019, that two senior officers spoke at length during an interaction with NAB Chairman Justice (R) Javed Iqbal in a meeting held in Peshawar. They raised not only the ‘ordeal, humiliation and suffering’ faced by them and their families at the hands of bureau investigators but also highlighted lacunas in the accountability law, ‘unbridled’ powers of NAB officers, and lack of balance and accountability for them. The NAB chairman had offered an apology to the bureaucrats for suffering at the hands of NAB but later on NAB spokesman denied the claim of reporter and said the chairman didn't offer any apology to the bureaucracy "of his tenure."

According to the story details, Justice (R) Javed Iqbal was urged to practice what he preached when the NAB chairman pressed on officers to face accountability in this world instead of facing it on the Day of Judgment. A provincial secretary interrupted at this point. He had spent two years in jail in a NAB case; his ailing wife became bed-ridden and his son, a teenager, took refuge in drug-addiction to fight depression.

“If we are to face the accountability in this world, what about the NAB officials who fabricate cases on false allegations on groundless charges. They too must be held accountable in this world instead of hiding behind the immunity,” Arshad Khan said.

“Once I am acquitted of the charges, I want to sue NAB for destroying my life. I, therefore, urge you to waive off immunity the NAB officials enjoy for their misdeeds,” he said but his prayer went unanswered.