ISLAMABAD: The Supreme Court on Friday disposed of the post-arrest bail matter of former leader of the opposition in National Assembly and PPP leader Syed Khursheed Ahmed Shah after he withdrew his plea.
A three-member of the apex court comprising Justice Mushir Alam, Justice Sardar Tariq Masood and Justice Amin-Ud-Din Khan heard the post-arrest bail plea filed by Syed Khursheed Ahmed Shah.
Syed Khursheed Shah, through his counsel Makhdoom Ali Khan, submitted before the court that he does not press the instant petition as he intends to prefer a fresh bail petition before the high court taking fresh grounds of delay, hardship and/or any other ground that may be available to him.
He further submitted that the high court will decide the same expeditiously, preferably within a month, without being influenced by any observations made earlier.
Meanwhile, the court disposed of the matter, remanding the matter to the Sindh High Court, with the direction to decide the matter within a month. The court the other day had suggested the counsel for Syed Khursheed Shah, to raise the issue before the high court, the point of delay in trial, merit as well as hardship.
On Friday, the investigation officer told the court that an investigation has been completed and soon an interim reference would be filed in this regard. Justice Sardar Tariq Masood, however, inquired as to whether the Investigation Officer knows the outcome of an interim reference. “Interim reference means that new indictment will be made followed by re-trial,” Justice Tariq Masood remarked.
The judge further observed that commencing of re-trial after two years means ensuring the accused, bail on the basis of hardship.The main purpose of adopting these measures by the anti-graft body was aimed at giving relief to the accused persons, Justice Sardar Tariq Masood remarked.
On the bail matter of Syed Farrukh Shah, son of Syed Khursheed Shah, the court was informed that his lawyer Farooq H Naek was not well, hence he could not appear before the court. His assistant told the court that Naek has requested to club the matter of Farrukh Shah with other cases.
Meanwhile, the court adjourned the matter of bail before arrest of Farrukh Shah till Monday, directing his counsel Farooq H Naek to ensure his appearance or his client should hire another counsel to plead his case
It is pertinent to mention here that Makhdoom Ali Khan, counsel for Khursheed Shah, the other day had submitted before the court that they had approached the learned high court after 30 days of arrest of the client, hence bail on hardship could not be sought.
Justice Sardar Tariq Masood told the learned counsel for the petitioner that they could remand the instant case to the learned high court where the petitioner could raise the issue of delay in trial as well as hardship.
If the learned high court refused the bail, then the petitioner could come back to the Supreme Court, Justice Sardar Tariq Masood had told the petitioner’s counsel.
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