PSP’s Kaimkhani challenges bail rejection in SHC

MQM's Wasim Akhtar and Rauf Siddiqui fail to submit bail application

KARACHI: Pak Sarzameen Party leader Anis Kaimkhani challenged on Wednesday the rejection of his bail by the anti-terrorism court in 'terrorists' treatment and sheltering case against Dr Asim Hussain.

Meanwhile, two Muttahida Qaumi Movement (MQM) leaders - Wasim Akhtar and Rauf Siddiqui - were unable to file their applications due to confusions in engaging a lawyer.

A day earlier, Karachi's ATC-II had rejected the bail applications filed by MQM's mayoral-nominee Akhtar, Siddiqui, PSP's Kaimkhani and Pakistan Peoples Party's Abdul Qadir Patel in a case relating to sheltering and treatment of terrorists at Ziauddin Hospital, a private health facility of former petroleum minister Dr Asim Hussain.

The police had arrested the MQM and PSP leaders, while Patel had surrendered before the police later on Tuesday evening. Rangers' deputy superintendent had lodged an FIR, alleging that the terrorists and criminals of the Lyari gang war were treated at Dr Ziauddin Hospital on the directives of the leaders of the MQM and the PPP.

On Wednesday, Kaimkhani moved a bail application with the Sindh High Court challenging the ATC order. His lawyer, Muhammad Farooq, argued that the trial court's order is not justifiable in the eyes of the law as there is no evidence against his client.

He contended that the FIR is based on the joint investigation team's (JIT) report, which was not an admissible piece of evidence. "The JIT has no legal value under the articles 38 and 39 of the Qanoon-e-Shahadat Ordinance, 1984," he added.

The PSP leader claimed that, even in the JIT report, no specific role was assigned to him except that his name was mentioned in it. He pleaded the court suspend the ATC order and grant him bail.

MQM leader's bail

The bail applications on behalf of Akhtar and Siddiqui could not be filed on Wednesday. According to judicial sources, Advocate Mehfooz Yar Khan, who is a member of the MQM's Rabita Committee, had moved the bail application on behalf of both the leaders who are in jail.

The court office had raised objections to the bail pleas filed by Advocate Khan as they lacked the necessary documents, said an officer, adding that the MQM leaders decided to engage Advocate Shaukat Hayat to file their bail pleas instead. Khan may withdraw both bail applications, he added. Meanwhile, the court did not receive any bail application from Patel's lawyer.

Published in The Express Tribune, July 21^st, 2016.