Under investigation: SHC dismisses petition challenging ‘police leniency’ on Dr Asim

Directs Rangers to approach trial court over allegations against IO

KARACHI: The Sindh High Court (SHC) on Friday disposed of a petition by the Rangers against the police’s decision to release Pakistan Peoples Party (PPP) leader Dr Asim Husain over lack of evidence for 'harbouring and treating injured terrorists' at his hospital.

A division bench, comprising justices Ahmed Ali Sheikh and Muhammad Farooq Shah asked, however, the paramilitary force to approach the trial court if they had any grievances as the matter is still under investigation. Thus, the high court cannot intervene, the bench declared.

The paramilitary force had challenged the report of DSP Altaf Hussain, who had informed the SHC's administrative judge for anti-terrorism courts (ATC) last week that the former federal minister was released under Section 497(II) of the Code of Criminal Procedure, as no evidence was found against him.

The case, lodged at the North Nazimabad Police Station, stated that Hussain was involved in harbouring and treating militants belonging to the Muttahida Qaumi Movement (MQM), Lyari gangs and other criminals. The petitioner, Sindh Rangers Superintendent Inayatullah Khan Durrani, stated in the petition that the paramilitary force had enough evidence regarding the PPP leader's involvement in sheltering and treating terrorists at Dr Ziauddin Hospital.

The petitioner had alleged that the investigation officer (IO), Altaf Hussain, had deliberately destroyed evidence against Asim, who should not be set free and be prosecuted according to the law.

The Rangers had also alleged that the former IO, Rao Zulfiqar, was changed in a malafide way by the IG police in order to damage the prosecution's case. It was stated that the former IO had recorded statements of ten witnesses in 11 days of remand. The new IO neither contacted Zulfiqar nor recorded statement of a single witness, the paramilitary force stated.

The court was informed that the new IO also deleted sections of terrorism from the FIR in just four days.

The court was pleaded to declare the change of IO as illegal and order initiation of action against DSP Hussain.

On Wednesday, SHC's administrative judge for ATCs, Naimatullah Phulpoto, had declined to entertain Rangers plea against Asim's release, asking that the matter may be placed before any other bench. On Thursday, the matter was fixed before another bench, headed by Justice Sheikh, which asked the Rangers' lawyers to submit a copy of the order passed by the ATCs' administrative judge that they were challenging. During Friday's proceedings, the officials produced the order's copy.

After going through it, the two judges observed that the matter was still being investigated; therefore, the high court could not intervene. Disposing of the plea, they said the petitioner may approach the trial court if it had any grievances.

Published in The Express Tribune, December 19^th, 2015.