‘Illegal’ removal: Rao Anwar challenges suspension

SHC grants protective bail to Khawaja Izharul Hasan in three cases

KARACHI: The Sindh High Court (SHC) issued on Monday notices to the provincial chief secretary, the IG and advocate-general (AG) on a petition filed by former Malir SSP Rao Anwar challenging his suspension for arresting Muttahida Qaumi Movement (MQM) leader Khawaja Izharul Hasan.

SSP Anwar said the MQM leader, nominated in two FIRs under provisions of the Pakistan Penal Code, the Telegraph Act and the Anti-Terrorism Act (ATA), was required for investigation. He maintained that to avoid any untoward situation, since the accused is the leader of a prominent political party of Karachi and also the opposition leader in the provincial assembly, he supervised the raid with a large police contingent but a political firestorm was deliberately created to make the issue controversial.

The petitioner added that Hasan was arrested between 3pm to 3:30pm on Friday, adding that before they had started their interrogation, he was informed that the chief secretary had suspended him on the directives of the chief minister. He argued that no reason for the suspension was assigned, adding that the suspension order dated September 16 even otherwise is without jurisdiction and malafide in law.

The judges were informed that later, investigation officer (IO) Muhammad Hussain Chandio said he was instructed by senior government and police officials to pass an order releasing Hasan under Section 497 (2) of the Criminal Procedure Code. The IO filed a report accordingly with the competent court, which had yet to pass an order on it.

“It is pertinent to mention that the accused was released merely on directives of the IG and prior to the order of the concerned IO under section 497 (2),” pointed out Barrister Salahuddin Ahmed, adding that “since the matter falls under the ATA, the approval of the competent court is necessary for such a release but it is not present.”

The lawyer argued that since his client’s suspension order is not final, it is hence not applicable under Section four of the Sindh Service Tribunal Act 1973. Therefore, he invoked constitutional jurisdiction of the court, pleading to set aside the suspension orders and restrain the chief secretary and IG from taking any further action, not limited to his termination from service.

Headed by Justice Muhammad Ali Mazhar, the two-judge bench directed the respondents to file comments on September 27.

Hasan gets bail

Meanwhile, another SHC bench granted protective bail to Hasan for seven days in connection with three cases registered under charges of attacking media houses in Karachi last month and facilitating a hate speech by Altaf Hussain against the armed forces in July last year.

Advocate Anand Kumar argued that all the cases were false as the applicant was not present in the country on both occasions. Apprehending arrest, Kumar pleaded to the court to grant protective bail to his client, who was ready to surrender before the trial court.

Headed by Justice Ahmed Ali Sheikh, the two-judge bench granted protective bail subject to furnishing surety of Rs50,000 each in three cases for one week. A notice was also issued to the prosecutor general to file comments.

Published in The Express Tribune, September 20^th, 2016.