LHC’s detailed verdict says...: ‘Political victimisation is open secret of our country’

LAHORE: Political victimisation is an open secret in Pakistan and it cannot be ruled out in Rana Sanaullah Khan case, observed the Lahore High Court (LHC) in the detailed order, issued on post-arrest bail petition of PML-N leader in a 15-kg heroin recovery case lodged by the Anti-Narcotic Force (ANF).

“The deeper appreciation of this argument (…political victimisation) at the bail stage is neither permissible nor desirable. However, in the context of petitioner (Rana Sanaullah) being a vocal member of the opposition party, this aspect of the case could not be ignored as political victimisation in our county is an open secret,” wrote Justice Chaudhry Mushtaq Ahmed in its nine-page order.

On the legal side, the court ruled that it is an admitted fact that no recovery memo (…random) regarding alleged recovered narcotic (15-kg heroin) was prepared at the place of occurrence (…Lahore Ravi Toll plaza) rather the accused as well as the case property were taken to police station (Regional Directorate ANF) -- 22 kilometres away from the Ravi Toll place -- where necessary documents were prepared and sample parcel of 20-gram was made for sending it to chemical examiner.

Generally, in cases of recovery of narcotics, proceedings at the place of recovery are conducted in order to ensure fairness and transparency.

On the other hand, the ANF tried to justify non-preparation of recovery memo on-the-spot by arguing that people passing in their vehicles had started gathering at the place which made it impossible to make recovery memos at the place of occurrence. However, the court rejected the explanation stating that in the presence of an ANF raid party comprising 20 persons, non-preparation of recovery memos on-the-spot was neither plausible nor convincing.

It was alleged in the FIR that Rana Sanaullah was operating a narcotic smuggling network in Faisalabad and Lahore, but investigation officer did not seek his physical remand from the court which indicated that the investigation agency was not interested in unearthing petitioner’s alleged network, the judge wrote.

“Generally, investigation agency, in such cases, requests for physical remand in order to unearth involvement of the accused. That course was not adopted by the investigation agency for the reason best known to them,” the order added.

The court observed that it is a well settled law that seriousness of allegations is not a ground for refusal of bail if on merit it is found that prosecution case is doubtful as benefit of doubt always goes to the accused even at bail stage. Incarceration of accused before conviction in cases of doubtful nature is never approved by courts.

“Lapses in the prosecution cases are visible on surface of record like non-preparation of recovery memos at the place of recovery, non-investigation regarding involvement of petitioner in running a network of smuggling narcotics and sending only 20 grams of heroin out of total 15-kilogram heroin allegedly recovered from possession of the petitioner do indicate prima facie that guilt of the petitioner needs further probe and his cases calls of further inquiry.

The co-accused of the petitioners were granted post-arrest bail by the trail court in this case, and the order had not been challenged by the prosecution, the court ruled.

Dismissing the ANF objection regarding maintainability of bail petition, the court ruled that earlier the bail petition of the petitioner was withdrawn without arguing the case on merits. The court observed that mere withdrawal did not bar second petition on the same grounds.

The ANF had arrested Rana Sana on July 1 and it was alleged it recovered 15-kg heroin from his vehicle besides a 9mm pistol with 23 live bullets.

Against the PML-N leader, the ANF registered FIR under Section 9 (C) of Control of Narcotic Substances Act 1997, which carries death penalty or life imprisonment or a jail-term that may extend to 14 years along with a fine up to Rs1 million. As per the section, if quantity of the narcotic exceeds 10kg the punishment shall not be less than life imprisonment.

Meanwhile, the Anti-Narcotics Force (ANF) said evidence against Pakistan Muslim League-Nawaz (PML-N) leader Rana Sanaullah will be brought forth at "the right time".

Addressing a press conference, ANF Chief Prosecutor Raja Inam said the evidence against the former Punjab law minister had been submitted in court.

The chief prosecutor dispelled the impression that the ANF was trying to delay proceedings of the case, saying a wrong impression in this regard was being made about the force.

Inam said a case had been registered against Sanaullah on July 1, 2019, and that the ANF had produced a challan in the court on July 23 without any delay.

The prosecutor said testimonies from the witnesses, evidence, and the chemical examiner's report had been provided to the court. "Now, it is up to the suspect to tell his side of the story," he said.

"We will disclose evidence against Sanaullah at the right time."

The prosecutor said a trial court rejected the PML-N leader's first bail petition. The second time, he said, Sanaullah's appeal was also rejected. He said the case had been delayed 16 times ever since the proceedings began.

"We have appealed to the court to hear this case on a daily basis," he added.

According to the ANF challan, Sanaullah had admitted to the investigating officer that he had been smuggling narcotics for many years. Sanaullah and the PML-N have denied ANF's allegations and claimed that the leader's arrest is a case of political revenge.

Meanwhile, Pakistan Muslim League-Nawaz (PML-N) leader Rana Sanaullah was released from Camp Jail on bail on Thursday after he submitted two bonds worth Rs1 million each as per the Lahore High Court (LHC) order.

Sanaullah, a Member of the National Assembly, submitted both bonds worth Rs2 million in total earlier in the day. The court had issued a detailed nine-page verdict on the bail granted to the PML-N leader in a drugs recovery case.

The LHC had granted post-arrest bail to the former provincial minister on Tuesday in a 15-kg heroin recovery case lodged by the ANF.