KP accountability court approves Rs3.9bn plea bargain in Kohistan graft case

PESHAWAR: An accountability court in Peshawar on Wednesday approved a plea bargain worth Rs3.922 billion for contractor Mohammad Ayub in a high-profile case linked to the alleged embezzlement of more than Rs37 billion from the Upper Kohistan district accounts office.

Accountability Court Judge Mohammad Zafar ruled that Ayub be discharged from his liabilities and released if he is not required in any other case. The court also ordered that he would stand disqualified from holding any public office under Section 15 of the National Accountability Ordinance.

The accused stated that the plea bargain agreement reached with the National Accountability Bureau (NAB) had been made with his full consent and of his own free will, without any duress, coercion or pressure. Ayub, a resident of Mansehra, was produced before the court from prison.

Barrister Haseeb Pirzada, appearing for the accused, told the court that the NAB chairman had already approved his client’s plea bargain. He asked the court to uphold that approval and order Ayub’s release. The counsel also said the court had previously approved plea bargains for some other accused in the same case and argued that his client should receive similar treatment.

The NAB side was represented by Deputy Prosecutor General Accountability Mohammad Ali, Special Prosecutor Manik Shah and NAB Deputy Director Waqar Ahmad. They informed the court that an application had been filed under Section 25(b) of the National Accountability Ordinance seeking approval of the plea bargain.

They said Ayub had been arrested during an investigation into embezzlement uncovered by NAB involving the illegal withdrawal and misappropriation of more than Rs37 billion from contractor security head of account number G-10113. NAB officials told the court that the accused had admitted he worked as a fake contractor through his sole proprietorship, M/S Kohistan Associates and Builders, as well as other front entities operating in the names of his uncles and friends.

He actively operated multiple bank accounts and carried out the alleged misappropriation in connivance with officials of the communication and works department, the district accounts office Kohistan and officials of various commercial banks.

Assets and recovery plan

NAB authorities told the court that the liability fixed against Ayub in connection with corruption amounted to Rs3.922 billion. They said the accused had submitted an affidavit and agreed to clear his full liability by providing three pay orders worth Rs119 million along with Rs500,000 in cash recovered during a search of his house.

The remaining amount is to be adjusted through the surrender of 11 landed properties and a land cruiser vehicle. In its order, the court said the total amount would be paid within three months, either through the accused arranging buyers for the properties or through their sale, provided the sale consideration is not lower than the value assigned to those properties.

The court further ordered that if no buyer is produced within three months, or if offers are rejected for being too low, the NAB chairman would have exclusive authority to recover the remaining amount by selling the surrendered properties through auction or by other means, as the case may be.

Among the surrendered assets is a 10-kanal and 10-marla house in Abbottabad valued at Rs600 million, which had been purchased from Senator Azam Khan Swati. Another surrendered property is 111 kanals of land at Bajniyal, Rawalpindi, in the name of Ayub’s friend Mehtab Shah, stated to be worth Rs1.27 billion.