Illegal contracts, appointments: Dr Asim remanded in NAB custody for a week

ATC defers verdict on police report regarding withdrawal of terror-related charges till Dec 21

KARACHI:

An accountability court on Friday remanded former federal minister Dr Asim Hussain in the National Accountability Bureau’s custody for a week to probe his alleged role in illegal appointments and award of contracts in the Sui Southern Gas Company (SSGC).

Judge Muhammad Saeed Qureshi of the Accountability Court-IV also directed NAB’s investigation officer to present the accused in court on December 17 along with a charge-sheet. NAB officials presented Dr Asim in the accountability court after obtaining his custody from police on the order of an anti-terrorism court (ATC).

A close aide to former president and Pakistan Peoples Party (PPP) co-chairman Asif Ali Zardari, Dr Asim had been detained by the paramilitary Rangers on August 26.

When his 90-day detention expired on November 26, Dr Asim was transferred to police custody for further investigations. Police on Thursday announced it was withdrawing terror-related charges against the PPP leader due to lack of evidence.

However, on Friday morning, when Dr Asim was presented before the ATC, the prosecution and Rangers disputed the police’s claim of finding no evidence to link him to harbouring and treating terrorists at his private health facility, Ziauddin Hospital.

Deputy Superintendent Police(DSP ) Altaf Hussain – the investigation officer (IO) – informed the court that he had released the accused on bail under the Section 497(2) of the Criminal Procedure Code in the FIR registered against him under Sections 201, 202, 216, 216(A), 409 and 34 of the Pakistan Penal Code read with the Sections 6(7)A, 21(I) and 21(J) of the Anti-Terrorism Act, 1997.

Justice Naimatullah Phulpoto inquired whether the police had already released Dr Asim or would release him later. He also asked why the investigation officer had not filed the final charge-sheet.

“Apparently, it is unfair on the part of the investigation officer,” the judge remarked, directing him to submit the report.

Special prosecutor Mushtaq Ahmed Jahangiri opposed the police decision to release him on bail. He argued that sections of the anti-terrorism act cannot be taken back by police without the court’s permission while there was sufficient evidence available against him.

Jahangiri claimed that the joint investigation team, comprising seven senior officers, had mentioned the accused in the ‘black’ category. “Therefore, how can a DSP declare that no evidence was found against the accused?” he said, alleging that the IG police had changed the investigation officer in the case illegally without intimating the witnesses.

Habib Ahmed, the counsel for the Rangers, also opposed the police stance. “The investigation officer is not competent to release the accused during investigation,” he added.

Advocates Amir Raza Naqvi and Anwar Mansoor Khan, who appeared on behalf of Dr Asim, contended that there were no reasonable grounds to believe that he had committed the alleged offence.

Justice Phulpoto also heard out the accused who lashed out at the Rangers, accusing them of harassing and pressuring him into admitting offences he had never committed.

“I will rather die, but not give a false statement,” said the emotionally charged doctor. Dr Asim claimed that the Rangers had prepared bogus medical bills, using his hospital’s computers regarding alleged treatment of terrorists.

Later, the ATC judge deferred passing any order on the matter regarding cognisance of the offence and ordered that the matter be considered in accordance with the law once the investigation officer submits his report on December 21.

Proceedings of accountability court

At the accountability court, NAB’s deputy prosecutor general, Amjad Ali Shah, claimed that the accused had made appointments and awarded contracts in the gas utility to the private companies in violation of the laws and caused huge losses to the national coffers.

He said the accused had also received kickbacks and commission from the fertiliser cartels while he was also involved in money laundering. “Apart from this, Dr Asim was also commercially using the government land he received for the non-profit trust by running Dr Ziauddin Hospital,” he said.

The officer maintained that credible evidence was available to prove that the accused was linked to the alleged offences. He requested the court for Dr Asim’s two-week remand.

Dr Asim’s lawyers, Amir Raza Naqvi and Anwar Mansoor Khan, refuted the NAB prosecutor’s claim.

Published in The Express Tribune, December 12^th, 2015.