Opposition leader Haleem Adil arrested for failing to join probe

Pakistan Tehreek-e-Insaf leader Haleem Adil Sheikh was arrested on Wednesday after a court revoked his interim pre-arrest bail for failing to join an ongoing investigation into a land grabbing case.

Sheikh, who is also the leader of the opposition in the Sindh Assembly, was booked by the Anti-Encroachment Force Zone I for alleged illegal occupation of 40 acres of state land near the Northern Bypass in the Manghopir area.

On Wednesday, the lawmaker turned up before the Special Court Sindh Public Property (Removal of Encroachment) as it took up his plea for confirmation of his interim pre-arrest bail granted to him against a surety of Rs100,000. The investigating officer submitted a report to the court, stating that the accused had not yet joined the investigation.

The judge noted that Sheikh was granted bail before arrest on June 22 with a direction to join the investigation, but when the matter came up for hearing on July 18, the investigating officer informed the court that he had not yet joined the probe.

He said Sheikh’s lawyer requested time to comply with the court direction and the hearing was put off until August 4 when the accused didn’t appear in the court and filed an application seeking to condone his absence, which was accepted and the hearing was adjourned till August 17.

The state counsel argued that the PTI MPA had disobeyed the direction of the court, rendering his bail application liable to be dismissed on this ground. On the other hand, defence counsel Zahoor Mahsud contended that his client contacted the IO time and again for the purpose but he didn’t cooperate with him and when Sheikh went to his office to have his statement recorded, he was not available.

“It is hard to believe that the investigation officer did not mark attendance of the accused or he was not available when the accused appeared for joining the investigation,” the judge remarked. “The accused could have moved a written application when he appeared for his statement before the investigation officer to prove his presence. He could have even captured a photo of him [ visiting the office] but nothing was done,” he remarked.

The judge said the accused had ample time to join the investigation but he didn’t do so. Therefore, he ruled, the lawmaker’s plea for confirmation of the bail was dismissed. Following the pronouncement of the verdict, the opposition leader was taken into custody and sent to prison on judicial remand amid tight security.

SHC’s order for ACE

The Sindh High Court on Wednesday directed the Anti-Corruption Establishment (ACE) to examine with ut most care and caution any material against any accused, including the Pakistan Tehreek-e-Insaf’s opposition leader in the Sindh Assembly in corruption case, and arrest them only if material so warrants. The direction came during a hearing of a petition filed by PTI opposition leader in the provincial assembly Haleem Adil Sheikh against his arrest despite a court’s restraining orders.

Sheikh’s counsel submitted in the application that the court had restrained the ACE from taking any coercive action against the applicant pertaining to two corruption inquiries pending against him.

He submitted that the applicant was being politically victimised by the ruling Pakistan People Party in Sindh to curb the voice of the opposition in Sindh Assembly, especially in budget session. He said that earlier the court was informed that there were only two inquiries pending against the applicant with the ACE. However, he said, the applicant was arrested by the ACE in Jamshoro in a fresh FIR without intimating the court. He submitted that alleged contemnor disobeyed the orders of the court. He requested the court to punish the alleged contemnor.

The court on the previous hearing had observed that the act of the ACE appeared to be prima facie in violation of several judgments passed by the court as well as the Supreme Court laying down that until and unless tangible evidence connecting an accused with the alleged offence is found he shall not be arrested.

The court issued notices to the ACE chairman and participants of the ACC-I meeting held on July 1 to appear and explain their position with regard to the alleged violation of the court order.

The chairman enquiries and anti-corruption establishment (ACC-I) filed comments and submitted that after obtaining a legal opinion from the prosecutor general of Sindh, the matter was placed before the ACC-I. He noted that the ACC-I, after consideration of the facts mentioned in the inquiry report, an internal legal examination and finally an opinion from the prosecutor general, had decided to register two FIRs.

He said the two FIRs were registered in Jamshoro and Malir on July 27 as per the law and the establishment of anti-corruption establishment rules.

A division bench, headed by Justice Mohammad Karim Khan Agha, after perusal of the report, disposed of the petition with directions to the ACE to ensure that in future the ACC-I examines with utmost care and caution any material against any specific accused and only arrest that person if such material so warrants. ACE Chairman Dr Mohammad Sohail Rajput, who is also chief secretary of Sindh, Dr Mohammad Nawaz Sheikh, chairman enquiries and the ACE Sindh, senior member board of revenue Baqaullah Unar, Secretary Services Mohammad Saleem Rajput and Director ACE Sindh Shahzad Faisal Abbasi were the participants of the meeting of the ACC-I, which decided to register two cases.