Controversial move: New prosecutor likely to come to Dr Asim’s rescue

Predecessor had expressed fear of being removed for not approving a report for the suspect’s release

KARACHI:

The Sindh government has changed the special public prosecutor tasked with Dr Asim Hussain’s case of allegedly harbouring and treating terrorists, it emerged on Sunday. The move had been anticipated by the Rangers, who had on Saturday moved the court seeking restraint.

Nisar Ahmed Durrani, a Hyderabad-based member of the Sindh Bar Council and a supporter of the Pakistan Peoples Party, has now replaced Mushtaq Jehangiri, a lawyer who was part of the paramilitary force’s legal team. The case is currently being heard by the administrative judge of the city’s anti-terrorism courts.

“I have received a letter [from the government] regarding my appointment as the special public prosecutor in the case,” Nisar confirmed to The Express Tribune. He said the notification was forwarded to him by the law department. According to the rules, however, the notification must be channelled through the home department. He added that he was already provided the case documents and was preparing for the hearing on Monday [today].

Anticipated

The move came a day after the paramilitary force, through its deputy superintendent, Inayatullah Durrani, approached the Sindh High Court (SHC) against changing the prosecutor in the case. The Sindh government was pressuring the home department to replace Jehangiri because he had refused to approve a report for Dr Asim’s release.

On Friday, Jehangiri had also moved the court filing a similar petition, in which he accused the newly-appointed investigating officer, DSP Altaf Hussain, of conducting an unfair and partial investigation to favour the accused. He said that the new investigation officer overlooked evidence collected by the preceding officer and presented a report relieving the suspect of terrorism charges.

The charges

The prosecution data includes the testimony of a key witness, Dr Yusuf Sattar, the deputy of Dr Asim at the Ziauddin hospitals. Sattar, in his statement under Section 164 of the CrPC before a judicial magistrate, has confirmed the contentions of the FIR. He has deposed that on the instructions of Dr Asim, several terrorists linked with political and religious outfits were treated on discounted rates while being screened off from law enforcers.

Jehangiri claimed he had opposed the change in court and submitted that due to his stance, he had come to know that the case will be taken from him and assigned to someone else. He pleaded the court to pass a restraining order against his likely removal.

Jehangiri had pleaded the bench to take up the matter on urgent basis. However, the bench, headed by Justice Sajjad Ali Shah, observed that there was no urgency involved as no notification of the petitioner’s transfer was issued.

When The Express Tribune contacted provincial prosecutor general, Shahadat Awan, the incharge of all prosecutors in the province, for confirmation about the developments, he claimed ignorance. Instead, he said it was not his mandate to appoint or remove a prosecutor.

The release report

The report in question was drafted under Section 497(ii) of the CrPC in which the newly-appointed investigating officer (IO), DSP Altaf Hussain, had dropped terrorism charges against the accused.

According to the law, if the IO or the court observes that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry, the accused shall be released on bail.

The report has not yet been submitted to the court and there are chances that it will be furnished today. As per the law, it will be moved to the judge through the prosecutor. The prosecutor is obliged to scrutinise the report and furnish remarks on it.

Published in The Express Tribune, December 21^st,  2015.