SHC grants bail to Dr Asim Hussain

PSP’s Anis Qaimkhani, MQM’s Rauf Siddiqui and

Pasban’s Usman Moazzam alsoobtain bail

The Sindh High Court granted bail to former federal minister Dr Asim Hussain, Pak Sarzameen Party leader Anis Qaimkhani, Muttahida Qaumi Movement’s Abdul Rauf Siddiqui and Pasban leader Usman Moazam on Tuesday in a case pertaining to the charges of harbouring and providing medical treatment to terrorists.

Dr Asim and the three others were booked along with Karachi mayor Waseem Akhtar and Pakistan People’s Party leader Qadir Patel.

The prosecution maintained that the former federal petroleum minister, a close aide of PPP co-chairman Asif Ali Zardari, had provided medical treatment and shelter to terrorists of a banned outfit, the MQM and Lyari gangsters at his hospital.

The medical treatment and shelter to terrorists was allegedly provided on the instructions of MQM leaders Abdul Rauf Siddiqui, Waseem Akhtar, Saleem Shahzad, PSP leader Anis Qaimkhani, PPP leader Qadir Patel and Pasban leader Usman Moazam.

Dr. Asim’s counsel Anwar Mansoor Khan and Latif Khoso submitted that their client was ill and he required proper medical treatment and surgery as per the recommendation of the medical board.

They submitted that case was registered on basis of joint investigation team report which has no legal value under the law.

They submitted that the administrative judge of the anti-terrorism court did not accept the investigation officer’s report over lack of evidence in the case. They also questioned medical bills and other evidence of the prosecution and submitted that none of the terrorists named in these documents were charged in the case. They sought the release of Dr Asim on bail as the case requires further inquiry.

Anees Qaimkhani’s counsel M Ilyas Khan submitted that none of the prosecution witness mentioned the role of his client in their statement and no material had so far been produced against him to prove the offence. He submitted that prosecution witness Dr Yousuf Sattar was detained by Rangers and released for giving statement against the applicants.

Rauf Siddiqui’s counsel Shaukat Hayat submitted that the former investigation officer of the case had failed to collect any evidence against his client. He said the statement of hospital in-charge Dr Yousuf Sattar was not admissible under the law as no notice was issued to the applicant.

Usman Moazzam’s counsel Mohammad Farooq submitted that the role of his client was not mentioned in the joint investigation team report and the FIR. He submitted that Rangers had detained Moazzam for 90 days and later implicated him in terrorists-harbouring case.

Rangers counsel Sajid Mehboob submitted that the investigation officer had tried to facilitate the accused in the case and the application against his misconduct was also pending before the trial court for adjudication.

He submitted that Dr Asim had confessed before the joint interrogation team that terrorists were treated at his hospital and a case was lodged against him on the basis of that.

The Rangers counsel submitted that several FIRs had been registered against terrorists and absconders who were treated at Dr Asim’s hospital.

He opposed granting of bail to Dr Asim on medical grounds citing that the medical board was not formed on orders of the anti-terrorism court.

Special public prosecutor Ayaz Tunio did not oppose the bail of Dr Asim on medical ground. However, he opposed the bail of other applicants.

An SHC division bench headed by Justice Mohammad Ali Mazhar after hearing the arguments of the counsel granted bail to Dr Asim, Qaimkhani, Siddiqui and Moazzam on a surety of Rs500,000 each.

The court ordered all applicants to surrender their passports before the trial court as they could not leave the country without its permission.

Taking notice over the delay in the proceedings of the case, the court observed that it was the responsibility of the trial court to proceed on day-to-day basis and conclude the trial within seven days but in this case, the counsel for both prosecution and defence had mentioned that even charges had not been framed so far.

The court directed the trial court to conclude the trial within two months observing that these directives did not mean extending the statutory period already provided under the law. But as considerable time has lapsed without any progress in the trial, therefore two months have been granted to decide the case.

 

'Always had faith in judiciary' 

Former federal petroleum minister Dr Asim Hussain, who is facing charges of providing medical treatment to terrorists at his hospital, said through his spokesperson after being granted bail by the high court on Tuesday that he had always believed in the supremacy of law and had faith in all institutions of his country.

Amir Shahzad, Dr Asim’s spokesperson, said the former minister had always respected the courts of the country and during his detention had always had faith in the judiciary.

Dr Asim further said the public would have more confidence in the courts after the acceptance of his bail plea. He hoped that the courts would decide his case according to merit.

Dr Asim in a statement said,” I have contributed to this country, so did my family, and expect that justice will prevail for every citizen of Pakistan, including myself. I thank all those who have prayed for me and ask you to keep on praying for me in the future also. Stay blessed.”