PHC restrains NAB from arresting UoP chancellor

Author: Staff Report

PESHAWAR: A Peshawar High Court bench on Friday restrained National Accountability Bureau (NAB) from arresting former vice chancellor of University of Peshawar and other officials in an inquiry of alleged misappropriation of funds in purchase of property worth millions. The bench also issued notices to NAB Khyber Pakthunkhwa and sought a reply.

The restraining order was issued by a division bench consisting of Justice Waqar Ahmad Seth and Justice Daud Khan while hearing a writ petition filed by the vice chancellor Professor Azmat Hayat, Prof Farrukh Hussain, former director admission Shireenzada Khattak and treasurer Hafiz Sanaullah.

Petitioners’ counsel Barrister Yasin argued that a committee was constituted for purchase of land for the University of Peshawar under the supervision of VC Hayat. He stated that 1400 kanal land was acquired in Nowshera of which 1000 was allocated for residential use while four hundred kanals were spared for construction of a university. However, later Khyber Pakhtunkhwa Ehtesab Commission initiated an inquiry regarding the alleged misappropriation of funds during purchase of the property, which was challenged at PHC.

He said that NAB had also started an inquiry after which KPEC closed its probe; however, NAB has issued a call up notice to the petitioners to appear before the investigation officer.

The petitioners’ counsel argued that no misappropriation was done in acquisition of the property as the person who sold the property to the university was still ready to purchase it as the same price. He said the land’s former owner willingly sold the land to the university, proving that the property was purchased at the lowest rate and no extra money was paid for it. He argued that no loss was inflicted to the national exchequer and prayed that bench to declare the call up notice null and void and restrained NAB from arresting him. The bench after hearing the arguments restrained NAB from arresting the petitioners and ordered NAB to file reply till next hearing.

Fresh vote of confidence: Meanwhile, the same bench suspended a Local Government Department notification asking tehsil nazim of Takhtbhai tehsil in Mardan district to seek a fresh vote of confidence from member of the tehsil council. The bench sought replies from Local Council Board secretary and other concerned authorities.

Petitioner Mumtaz Ali Mohmand’s counsel Ali Gohar argued that provincial government has issued a letter to naib nazim of the teshil asking him to convene a meeting of council’s member for seeking fresh vote of confidence against the petitioner as nazim. He said that the petitioner was accused of passing council’s budget illegally as by-laws of the Local Government Act were not taken into account.

However, Gohar said that budget was passed by taking all laws and rules and regulation into account and requested the bench to declare the notification null and void. The bench, after hearing the initial arguments suspended the notification and ordered the provincial government and secretary Local Council Board to submit their comments.

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