SHC bench to be reconstituted as Khosa objects to judge’s inclusion

Justice Naimatullah Phulpoto becomes fourth judge to recuse himself from case hearing

The Sindh High Court (SHC) had to once again adjourn hearing of bail applications of former petroleum minister Dr Asim Hussain and other co-accused as, for the fourth time, a judge – Justice Naimatullah Phulpoto – recused himself from the bench hearing the case.

This time around, though, the decision came in the wake of contentions raised by Dr Asim’s lawyer, Latif Khosa. Challenging the bench’s constitution, he had pointed out that Justice Phulpoto was also the administrative judge of the anti-terrorism court that took cognisance of the case and sent the case for trial.

Khosa submitted that such order was challenged before the court and propriety demands that the case may not be heard by a bench that includes Justice Phulpoto. The court, while adjourning the bail applications, directed the office to not fix the case before a bench with Justice Phulpoto as a member.

The court referred the matter to the SHC chief justice to constitute a fresh bench for hearing the bail applications.

It is pertinent to mention that three other SHC judges have earlier excused themselves from hearing the bail applications. On September 29, a SHC division bench headed by Justice Mohammad Ali Mazhar adjourned the hearing after Justice Arshad Hussain Khan became the third judge to recuse himself from hearing the bail applications of Dr Asim and other co-accused who include Pak Sarzameen Party’s (PSP) Anis Qaimkhani, Muttahida Qaumi Movement’s (MQM) Rauf Siddiqui, Pasban’s Usman Moazzam and Pakistan People’s Party’s  (PPP) Qadir Patel.

Prior to that, on August 18, Justice Abdul Rasool Memon had asked the SHC office to not fix the case before a bench on which he was a member.

Most recently, on October 7, Advocate Aslam Bhutta had resigned from the post of special prosecutor representing the government in the corruption references against former petroleum minister Dr Asim Hussain and others, citing personal reasons.

According to the prosecution, Hussain, a former federal minister and close aide of PPP co-chairman Asif Ali Zardari, had provided medical treatment to terrorists of a banned outfit, the MQM and Lyari gangs as well as shelter to them in his private hospital. 

The FIR registered by the Rangers alleged that Hussain provided medical treatment and shelter to terrorists on instructions from MQM leaders Abdul Rauf Siddiqui, Waseem Akhtar, Anees Qaimkhani and Saleem Shahzad and PPP leader Qadir Patel.