SHC reserves judgement on Dr Asim’s petition against travel ban

Court dismisses ex-minister’s plea for attestation of power of attorney transfer

The Sindh High Court on Friday reserved judgement on petition filed by former federal minister Dr Asim Hussain against placement of his name on exit control list (ECL).

The Pakistan Peoples Party leader had filed application for deletion of his name from ECL and return of passport from the SHC, following grant of bail to him by the high court in Rs470 billion corruption cases on medical grounds. The court had directed the interior ministry to put Dr Asim’s on ECL.

Dr Asim, who was released on bail in two National Accountability Bureau’s Rs470 billion corruption references on March 29, submitted that he was suffering from various ailments and required orthopedic spinal surgery, which was not available in Pakistan.

He said putting his name on ECL was contrary to the law as he wanted to travel abroad for medical treatment.

Petitioner’s counsel Latif Khosa said Dr Asim had an appointment with doctors in UK and his life could be endanger if he was not allowed for medical treatment abroad. He said the petitioner would return after medical treatment and requested the court to allow him to travel abroad.

The ministry of interior and NAB, on the other hand, opposed Dr Asim’s application for return of passport and removal of his name from ECL, submitting that the application was an attempt to avoid criminal trial under the camouflage of so-called medical grounds.

Their counsels submitted that NAB had recommended to put Dr Asim’s name on ECL as he was accused of committing corruption.

Later on, the counsels maintained, Dr Asim’s name was put on ECL on the Sindh High Court’s direction on April 6 in compliance of its order issued on February 2, 2017.

The lawyers added the petitioner being a former minister of petroleum and natural resources was involved in illegal appointment of various managing directors of the SSGC, the SNGPL, the PPL and OGRA. He was also involved in illegal awarding of CNG licenses to blue-eyed persons, they said.

They submitted that the petitioner did not avail the alternate remedy before the interior ministry for removal of his name from ECL and he wanted to subvert the process of representation provided under the exit from Pakistan (control) Ordinance.

They submitted that the petitioner’s name was rightly placed on ECL in order to avoid possibility of his abscond and to ensure his presence before the trial court to curb delay in conclusion of the trial. Requesting the court to dismiss the petition, they said the petitioner was not entitled for any relief.

The home department, however, submitted that the petitioner was no more required in any other case by the Sindh police for investigation and, therefore, the home department had no objection if the high court accepted Dr Asim’s request.

Headed by Justice Mohammad Junaid Ghaffar, the SHC’s division bench after hearing the arguments reserved the judgment.

Dr. Asim Hussain, a close aide of former president and PPP co-chairman Asif Ali Zardari, is facing corruption references pertaining to land fraud amounting to Rs9.5 billion, money laundering amounting to Rs 3 billion, and misuse of authority and criminal breach of trust through fertilizer scam of Rs450 billion.

Besides, 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 and causing a loss of Rs17.338billion to the national exchequer.

On November 1 last year, the SHC had granted bail to Dr Asim Hussain along with Pak Sarzameen Party leader Anis Qaimkhani, Muttahida Quami Movement leader Abdul Rauf Siddiqui, Pasban leader Usman Moazam, Karachi Mayor Waseem Akhtar and PPP leader Qadir Patel in cases pertaining to harboring terrorists and providing them with medical treatment.

 

Plea dismissed

The SHC on Friday dismissed as not maintainable a petition filed by former petroleum minister Dr Asim Hussain seeking attestation of the transfer of power of attorney to his son by the ministry of foreign affairs. 

Dr Hussain had submitted that he wanted to transfer his power of attorney to his son, Ammad Hussain, who is a Canadian national, in respect of Ziauddin Medical Centre and his declared bank accounts in Dubai. 

His counsel submitted that Dr Hussain had executed the power of attorney in favour of his son in the presence of the competent authority, which was also acceded to by the accountability court hearing a corruption reference against him. 

However, the counsel said, officials at the foreign affairs ministry refused to attest the transfer of power of attorney. He said the officials had contended that there were various cases pending against Dr Hussain before accountability and anti-terrorism courts, and attesting the transfer of power of attorney would affect the cases.

The federal law officer had opposed the petition and submitted that Dr Hussain’s request could not be granted due to a provision under NAB’s law which prohibits transfer of property to relatives till adjudication of a reference or investigation. 

He also questioned the accumulation of wealth by the former federal minster and transfer of money abroad, as well as establishment of a hospital in Dubai. The law officer submitted that the petitioner’s son was a Canadian national and he should file an application before the accountability court. 

The SHC division bench headed by Justice Mohammad Junaid Ghaffar dismissed the petition as not maintainable.