LHC orders defence secretary to provide inquiry report

Alleged corruption of PAF official

Rawalpindi-Lahore High Court (LHC) Rawalpindi Bench has ordered the Secretary Ministry of Defence to provide investigations conducted by Pakistan Air Force authorities against a former senior technician for his alleged corruption.


A division bench of LHC Rawalpindi Bench has directed the defence ministry and concerned authorities in PAF to provide reports of board of inquiry, additional board of inquiry, summary of trial proceedings by a Field General Court Marshal (FGCM), and proceedings by a court of appeal to Sohail Ashraf, who was convicted for embezzling Rs 39,1823.


Justice Muhammad Farrukh Irfan Khan and Justice Khalid Mehmood Mallik in their verdict, issued on Tuesday and reserved on April 6, noted that though the petitioner was an employee of PAF and was tried under army laws; however, he has inalienable rights in the constitution as a citizen of Pakistan to “be aware of the material and information which is being used against him so that he may be able to defend his case”.


The court; however, did not accept the prayer of the petitioner to set aside his conviction and the petitioner withdrew this prayer.


Citing secretary ministry of defence, convening authoring of trial Commander North Sector PAF Base Chaklala, and judge advocate at the trial as respondents, Sohail had asked the court to direct the authorities to provide him necessary documents.


Narrating his case before the LHC, the petitioner said that he unearthed embezzlement at Nur Khan Base Chaklala as an accounts assistant.


He reported to the high-ups that millions of rupees had been withdrawn from national exchequer for sake of internal security and to pay TA/DA to civilian employees. The money was never paid to the employees and it was instead embezzled.
The petitioner had further claimed that his high-ups asked him to keep mum. He said that he felt insecure and moved his family to Gujranwala and did not attend his office. He added that later he rejoined the office voluntarily to clarify his position. He said that the authorities arrested him and detained him December 20, 2013.


He said that he remained detained and was not allowed to have access to his family. His wife had to file a petition with LHC Rawalpindi Bench on January 23, 2015. He said that after the petition in the LHC, the authorities charged sheet him on March 16 2015 for financial embezzlement.


The petitioner alleged that the FGCM and the prosecution during the trial committed gross misconducts and tempered with record to convict him. He said that he was convicted on November 16, 2015 and was sentenced with imprisonment for nine years and dismissal from service.


He noted that when the authorities did not provide him necessary documents during the trial, he moved LHC for the documents and the court on August 20, 2015 directed the authorities to provide the required documents but the high court’s orders were not implemented. He said that the court of appeal later also upheld his conviction. 

ePaper - Nawaiwaqt