SHC appoints referee judge to decide Dr Asim’s bail applications

The Sindh High Court on Friday appointed Justice Aftab Ahmed Gorar as the referee judge to decide the bail applications filed by former petroleum minster Dr Asim Hussain in corruption cases.

The former minister’s bail pleas remained undecided after the SHC division bench handling the matter had announced a split judgment. 

In the Rs470 billion corruption references, one judge had dismissed Dr Hussain’s bail plea with directives to the trial court to conclude the trial within four months. However, the other member of the bench had granted the former minister bail with the condition that he could not travel abroad.

Dr Hussain, a close aide of former president and PPP co-chairman Asif Ali Zardari, is facing corruption references worth Rs9.5 billion pertaining to land fraud, money laundering amounting to Rs3 billion and misuse of authority, criminal breach of trust through fertiliser scam of Rs450 billion. 

Besides, the NAB has also accused him of illegally awarding gas contracts to a privately-managed gas processing company, Jamshoro Joint Venture Limited (JJVL), to process gas from government-owned gas fields without any open auction. The losses incurred due to this process, according to NAB, were Rs17.338 billion.

Dismissing the bail applications filed by Dr Asim in corruption references, Justice Syed Mohammad Farooq Shah, head of the SHC’s division bench, observed that the perusal of the record reveals that offence committed by the accused was a crime against society as a whole and that he was not involved in any ordinary criminal matter.

Justice Shah observed that the petitioner’s case fell within the exception as prima facie there was material on record “that connects him with the commission of the offence.”  

“I may tentatively assess that the prosecution indeed succeeded in establishing a case of dismissal of bail under relevant provision of NAO, 1999 and within ambit of section 497 (i) CrPC,” Justice Shah had observed, adding that the petitioner being a senior doctor was being provided excellent treatment on the recommendations of the medical board. 

Justice Shah had observed in his judgment that Dr Asim, who is already in hospital, had been receiving proper treatment from reputed senior doctors in renowned hospitals of the country, therefore, there was no compelling reason to release him on bail as he was facing serious charges. 

On contentions raised by the petitioner’s counsel that Dr Asim has ‘high class status’, Justice Shah observed that in Islam, the constitution and Pakistan’s laws there was no room for deviation from the path of justice and whether poor or rich or one’s opponent or friend, all citizens were to be treated indiscriminately. 

Justice Shah had dismissed the bail application and observed that it was expected from the trial court to expedite the trial proceedings and decide the NAB references at the earliest, preferably within four months.

He recommended that depositions of all material witnesses be recorded on a daily basis under intimation to the court.

The other member of the SHC bench, Justice Mohammad Karim Khan Agha, had however granted bail to Dr Asim on medical grounds, observing that the sickness or ailment the petitioner was suffering was such that it could not be properly treated in jail and specialised treatment was imperative. 

Justice Agha observed that Dr Asim’s continued detention in jail was likely to affect his medical condition and could prove hazardous to his life.

He further observed that in bail cases it was settled law that refusal of bail should not be a punishment and the object of bail was to ensure that the accused attends his trial which may be ensured by the court passing appropriate orders. Justice Agha had granted bail to Dr Asim against a surety amount of Rs2.5 million each in two references subject to depositing his passport to the court nazir and had also directed the interior ministry to place Dr Asim’s name on the Exit Control List.