Bribery charge: CDA deputy director’s bail plea dismissed
Court says arrested official not entitled to relief
Court says arrested official not entitled to relief. PHOTO: IHC WEBSITE
ISLAMABAD:
The Islamabad High Court (IHC) on Wednesday dismissed the post-arrest bail of a deputy director of the Capital Development Authority (CDA). The prosecution has stated that Iftikhar Ali Haideri was caught red-handed while taking Rs4 million as bribe from the owner of a shopping mall.
The IHC division bench comprising Justice Noorul Haq N Qureshi and Justice Athar Minallah dismissed the bail plea while observing that the petitioner was not entitled to relief.
“No reasonable grounds exit to suggest that he has not committed a non-bailable offence, whereas the position is contrary with regard to the grounds raised for granting bail,” the bench noted.
On November 30, a joint team headed by NAB officials caught Haideri red-handed while he was receiving a Rs4 million bribe from Safa Gold Mall owner Rana Abdul Qayyum at a restaurant in the mall’s food court.
Before the raid, Qayyum had filed an application with NAB Rawalpindi saying that Haideri was demanding illegal favours from him.
NAB officials, under the supervision of a magistrate, conducted the raid and arrested Haideri.
The petitioner’s counsel Babar Awan argued that after Qayyum had already gotten a favour from his client, he hatched a plan in connivance with an investigation officer and got Haideri arrested.
Awan alleged that his client has been arrested in a false and frivolous case and maintained that the respondents had no evidence to show that Haideri had any interest in issuing clearance certificate to the mall owner.
Qayyum had defaulted on a Rs40.5 million payment to the CDA for a plot located in Sector F-7 Markaz, he said.
Awan also argued that NAB lacks the powers to conduct raids and that the case was not registered by a proper investigation agency such as the police or the Federal Investigation Agency.
Awan claimed Haideri had heart problems and diabetes, which caused him additional suffering during his “illegal custody” by NAB.
The bench noted that the supporting medical report had not been furnished by a medical officer. “Even the medical officer has not relied upon a pathological report. How can a medical officer assess gallstones with just a clinical examination? It smacks of a favour extended to the petitioner for extraneous reasons.”
The NAB prosecutor opposed the bail plea, saying that Haideri was caught red-handed and there was sufficient evidence to connect him with the commission of offence.
The investigation officer has not submitted a reference in the case yet.
Published in The Express Tribune, March 10th, 2016.
The Islamabad High Court (IHC) on Wednesday dismissed the post-arrest bail of a deputy director of the Capital Development Authority (CDA). The prosecution has stated that Iftikhar Ali Haideri was caught red-handed while taking Rs4 million as bribe from the owner of a shopping mall.
The IHC division bench comprising Justice Noorul Haq N Qureshi and Justice Athar Minallah dismissed the bail plea while observing that the petitioner was not entitled to relief.
“No reasonable grounds exit to suggest that he has not committed a non-bailable offence, whereas the position is contrary with regard to the grounds raised for granting bail,” the bench noted.
On November 30, a joint team headed by NAB officials caught Haideri red-handed while he was receiving a Rs4 million bribe from Safa Gold Mall owner Rana Abdul Qayyum at a restaurant in the mall’s food court.
Before the raid, Qayyum had filed an application with NAB Rawalpindi saying that Haideri was demanding illegal favours from him.
NAB officials, under the supervision of a magistrate, conducted the raid and arrested Haideri.
The petitioner’s counsel Babar Awan argued that after Qayyum had already gotten a favour from his client, he hatched a plan in connivance with an investigation officer and got Haideri arrested.
Awan alleged that his client has been arrested in a false and frivolous case and maintained that the respondents had no evidence to show that Haideri had any interest in issuing clearance certificate to the mall owner.
Qayyum had defaulted on a Rs40.5 million payment to the CDA for a plot located in Sector F-7 Markaz, he said.
Awan also argued that NAB lacks the powers to conduct raids and that the case was not registered by a proper investigation agency such as the police or the Federal Investigation Agency.
Awan claimed Haideri had heart problems and diabetes, which caused him additional suffering during his “illegal custody” by NAB.
The bench noted that the supporting medical report had not been furnished by a medical officer. “Even the medical officer has not relied upon a pathological report. How can a medical officer assess gallstones with just a clinical examination? It smacks of a favour extended to the petitioner for extraneous reasons.”
The NAB prosecutor opposed the bail plea, saying that Haideri was caught red-handed and there was sufficient evidence to connect him with the commission of offence.
The investigation officer has not submitted a reference in the case yet.
Published in The Express Tribune, March 10th, 2016.