A division bench of Balochistan High Court (BHC) here on Tuesday declared Balochistan ex-minister for irrigation and power Haji Behram Khan Achakzai as absconder/fugitive of law and dismissed his four National Accountability Bureau (NAB) appeals on account of being absconder.
The bench comprising Justices Muhammad Nadir Khan and Mehta Kailash Nath Kohli remarked that the appellant was found absconder/fugitive and he had not right of audience. The bench observed that the request of Muhammad Riaz advocate, counsel for the appellant could not be entertained as he requested the court to hear arguments in absence of his client Behram Achakzai. Then, the bench dismissed the all four appeals of the appellant.
During the hearing, the bench observed that the appellant after withdrawal of the order of his release on parole was required to surrender before the court, but despite repeated issuance of orders to his counsel, did not turn up.
The bench remarked that it had issued notice to the appellant in the interest of justice, but the same remained without fruitful results when his counsel expressed his inability to cause appearance of his client and requested for issuing notice to the appellant.
The bench observed that it had issued arrest warrants and published notice in various local newspapers after issuing notice to the appellant. But, the arrest warrants was returned unserved with the report that the appellant could not be arrested.
Brother of the appellant, Bismillah informed the bench that the appellant was out of the station. However, his another brother, Nadir Khan who was also present in the court was unable to state any reason for non-appearance of his brother Behram Achakzai.
The bench, then, remarked: the appellant has concealed himself who is wilfully avoiding to appear and surrender before the court. Ex-minister Behram Achakzai filed four separate appeals challenging the judgements of the Accountability Court, Quetta.
The Accountability Court had convicted him seven years rigorous imprisonment (RI) with fine of Rs ten million on October 16, 2000, seven years RI with fine of Rs 22,472,409 on June 11, 2001, three years RI with fine of Rs 0.6 million on January 31, 2001 and two years RI with fine of Rs one million on June 16, 2001 for mis-exercising and misappropriating public exchequer and causing loss of millions of rupees to the government.