ACJC sentenced five Including Ex-Governor of Khost

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Tue, Dec 03 2019 10:04 AM
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Ex-governor of Khost, Hokam Khan Habibi, son of Mullah Jan, Khost Mayor, Abdul Basir Mohammadzai son of Abdul Wakil, Esmatullah son of Mohammad Nawaz, Head of Finance and Admin of Khost Municipality, Mohammad Alaf son of Rahman and Faridullah son of Wazir Khan employees of Shahedan Gate of Khost province were convicted on 2nd of December 2019 at Anti-Corruption and Justice Center (ACJC).

Two of these perpetrators were arrested while issuing a faked Urban Utility Tax paper to truck drivers on 23rd of October 2017 by the detective security organs and were referred to the Attorney General’s Office for further investigation.

Based on the lawsuit prepared by the assigned prosecutor, these tow two individuals were issuing a tax paper for truck drivers’ worth of 5,500 AFN and they were only writing 500 AFN on the main logbook. These two employees of the entrance gate to Khost city said on their statements that they did these illegal actions based on their necessaries. According to their expressions, which based on the direct order of the governor and mayor, we were forced to pay 70,000 AFN on a monthly basis for covering the guesthouse of Khost provincial office to the Head of Finance and Admin of Khost Municipality.

The assigned prosecutor, after completing his investigation and preparing the lawsuit, based on the evidence and proofs against the perpetrators on the charge of misuse of competencies and falsification; demanded from the Judicial Board to apply Articles 313, 285, 158, 38 and 39 of the Penalty Code with observing the Article 11 of Urban Utility Tax and by taking into account the Article 17 of the Penalty Code.

The Judicial Hearing sentenced Mohammad Alaf on the charge of partnership on one case of crime,  28 cases of misusing from power and 29 cases of falsification in accordance with Article 313, 285, 158, 156 and 145 of  the Penalty Law and Article 57 and 17 of the Penalty code to 14 years and 6 months of custodial imprisonment and sentenced Esmatullah on the charge of 25 cases of misuse from power and 25 cases of falsifications in accordance with Article 285, 158, 156 and 145 of the Penalty law and Article 57 and 17 of the Penalty Code to 12 years and six months of custodial imprisonment.

The Judicial Hearing also sentenced Faridullah on the charge of 11 cases of misuse from power and 11 cases of falsifications in accordance with Article 313, 285, 158 and 141 of the Penalty Law and Article 57 and 17 of the Penalty Code to five years and six months of custodial imprisonment and Abdul Basir on the charge of misuse from power in accordance with Article 285 and observing Article 17 of the Penalty Code to 11 months of custodial imprisonment.

The hearing discharged Hokam Khan on the charge of misuse from power because of lack of sufficient proves in accordance with Article five of the Criminal Proceeding Code and Article five of the Penalty Code.

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