Court seeks KPEC explanation on industries secretary`s arrest
Lawyer claims his client targeted for suggesting cut in powers of commission chief Bureau Report
2015-09-02
PESHAWAR: The Peshawar High Court on Tuesday asked the Khyber Pakhtunkhwa Ehtesab Commission (KPEC) to file comments on a petition of industries secretary Sajid Khan Jadoon against his arrest on the charges of misuse of authority and corruption.
A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser was told by the petitioner`s counsel, Ghulam Mohiuddin Malik, that his client had been victimised because as a member of a cabinet committee set up for reforming the KPEC Act, he had recommended reduction in the `unbridled` powers of the commission`s director general.
The lawyer also produced his client`s recommendations for KPEC law reforms before the court.
After preliminary hearing, the bench asked the KPEC to submit comments on the petition within a week.
The petition will again be heard next week.
The petitioner, who is also the president of Provincial Civil Service Officer Association, was arrested on Aug 26 on the charge that he was involved in misappropriation of funds and had committed illegalities in purchase of weapons, wireless sets, bullet proof jackets and other procurements when he was the secretary of excise and taxation department.
The commission has also alleged that he was involved in the illegal retention of vehicles confiscated by the excise and taxation department against the prescribed rules and allotments of vehicles to the people of his choice and thus, misusing his authority with mala fide intentions.
Ghulam Mohiuddin argued that his client`s arrest was based on mala fide intent and that he was implicated in a concocted case.
He contended that the petitioner was a grade 20 officer and was a member of high level committee constituted by the provincial cabinet for reforming the KPEC Act 2014 by recommending amendments in it.
The counsel said the petitioner had recommended that the powers of the Ehtesab Commission may be increased as presently the Ehtesab Commission comprising commissioners appointed after through scrutiny had no noteworthy role in ordering arrest of a person and conducting inquiries and investigations.
He added that the petitioner had also recommended that as presently the director general had been assigned wide ranging powers, therefore, some of his powers may be assigned to the commission so as to avoid misuse of the law.
He claimed that the said recommendations resulted in annoyance of the director general and within few days the petitioner was arrested on fabricated charges.
HEARING ADJOURNED: The bench adjourned hearing into a petition against provincial minister for mines Ziaullah Afridi`s detention until today (Wednesday) with the direction to the commission to submit a copy of recent amendments to the KPEC Act 2014.
Ziaullah, who was arrested on July 9, was granted bail by the high court on Aug 25.
However, he was sent to prison by the Ehtesab court as the commission claimed that he was only granted bail in the initial case wherein he was charged, whereas in the high court`s order there was no mention of two other cases in which he was subsequently booked for alleged illegal mining in Charssada and Abbottabad.