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SHC reserves judgement on Dr Asim’s bail pleas

By our correspondents
January 19, 2017

The Sindh High Court on Wednesday reserved judgement on two bail petitions filed by former federal minister Dr Asim Hussain with respect to the Rs470 billion corruption reference.

Dr Asim Hussain, a close aide of former president and PPP co-chairman Asif Ali Zardari, is facing corruption cases regarding land fraud amounting to Rs9.5 billion, money laundering amounting to Rs3 billion and criminal breach of trust through a fertilizer scam of Rs450 billion. Besides, the National Accountability Bureau (NAB) has also accused him of illegally awarding contracts to a privately-managed gas processing company, Jamshoro Joint Venture Limited (JJVL), to process gas from the government owned gas fields without any open auction and, eventually, causing a loss of Rs17.338billion to the national exchequer.

Former petroleum and natural resources secretary Ejaz Chaudhry, Karachi Docks Labour Board’s former CEO Safdar Hussain, Karachi Development Authority’s ex-directors Syed Athar Hussain and Masood Haider Jaffery, and Ziauddin group finance director Abdul Hameed have also been named as co-accused. In another reference, Iqbal Z Ahmed, Basharat Mirza, Zahid Bakhtiar, Khalid Rehman and Yousuf Ansari, and the JJVL CEO and ex-senior officials of the Oil and Gas Development Company Limited (OGDCL) and the Sui Southern Gas Company (SSGC) were named as co-accused in the reference.

 Dr Asim’s counsel, Anwar Mansoor Khan, submitted that his client was incarcerated since August 26, 2015 and the accountability court was yet to frame charges against him.

He said his client’s health condition was worsening and required complete rest and medical treatment, adding that two medical boards, which had examined Dr Asim, had suggested him surgery of the back as well as physio and hydrotherapy.

He alleged that Dr Asim was subjected to torture in custody of the Rangers and the medical board had also examined him and suggested proper medical treatment. He submitted that all other co-accused had been granted pre- or post-arrest bail except him and requested the court to release him on bail on medical grounds.

Opposing the request, the NAB’s special prosecutor said the petitioner was provided all the requisite medical treatment facilities in the light of the recommendations made by the medical board.

The judges asked the prosecutor to satisfy the court on the point that an under-trial prisoner’s proper treatment was possible without releasing him from the custody.

The prosecutor replied that Dr Asim was being treated by the health experts on his own choice.

At this stage, the judge inquired whether Dr Asim intended to travel abroad for medical treatment. The petitioner’s counsel replied his client did not intend to travel abroad so far, but he might be required to be treated abroad.

 He recalled another bench, saying that Dr Asim’s health condition had already granted him bail in a case relating to treatment and sheltering of the terrorists and gangsters. He requested the court to grant him bail in the NAB reference on the same ground. The counsel representing the SSGC also supported the request of Dr Asim’s lawyer for grant of bail.

After hearing the arguments of the counsel, the SHC’s division bench, which was headed by Justice Syed Mohammad Farooq Shah, reserved the judgments which will be announced later on.

Former petroleum minister Dr Asim Hussain, Pak Sarzameen Party leader Anis Qaimkhani, Muttahida Quami Movement leader Abdul Rauf Siddiqui, Pasban leader Usman Moazam along with Karachi Mayor Waseem Akhtar and Pakistan People Party leader Qadir Patel were also granted bail in terrorist harbouring and their medical treatment charges in November last year.

 

Enforced disappearances 

The Sindh High Court on Wednesday issued notices to the federal and provincial law officers, the Sindh IG police and others on a petition against alleged detention of citizens, including a former union council nazim of the Gulshan-e-Iqbal area.

Petitioners Shaista Jilani, Shaqufta Waqar, Mujeebun Nisa, Jamil Ahmed and Kamran Munir submitted in the petitions that the law enforcement agencies had picked up Mohammad Nadeem, Syed Waqar Hussaini, Sagheer Ahmed Siddiqui, Kashif Behlim, Waqas Behlim and Naseem Akhtar from Gulshan-e-Iqbal, Liaquatabad and North Karachi areas and their whereabouts had not been disclosed.

Shaista submitted that her spouse, Mohammad Nadeem, was a former UC nazim of Gulshan-e-Iqbal Block-1. He was arrested on January 13 from the locality, she said.

Petitioner Jamil Ahmed submitted that his two sons, Kashif and Waqas, were picked up from Liquatabad area on December 22 and their whereabouts were not being disclosed by police.

The SHC’s division bench, headed by Justice Syed Mohammad Farooq Shah, directed the federal and provincial law officers, the Sindh IG police and others to file comments on the petitions within two weeks.