Terrorism facilitation case: Another bench declines to hear bail pleas of Dr Asim, others

Judges observe that bench constituted for three days will not be able to hear matter and pass order

KARACHI: The hearing on the bail application of former petroleum adviser Dr Asim Hussain and co-accused in a case related to sheltering and treatment of criminals at his private health facilities could not be conducted as the temporarily constituted two-judge bench declined to proceed with the matter.

The two judges, justices Syed Hasan Azhar Rizvi and Sadiq Hussain Bhatti, observed that since their bench had been constituted only for three days, therefore, it will not be possible to hear the matter and pass any order.

They adjourned the hearing till October 17 so that the same could be fixed before a regular bench assigned the matters of criminal nature.

Pak Sarzameen Party (PSP) leader Anis Kaimkhani’s lawyer informed the bench that his client was suffering in the prison as different benches had declined to hear the matter on different occasions. This amounts to punishing the applicant before trial, he added.

However, the judges observed that since the bench was formed for three days, it will not be possible for them to hear the matter and pass any order. They directed the office to fix the matter before any regular bench available after vacations on account of Muharram 9 and Muharram 10.

Case history

Dr Asim had approached the high court seeking bail in the case registered by the Rangers at the North Nazimabad police station, accusing him of sheltering and treating injured terrorists belonging to the Muttahida Qaumi Movement and gangs based in Lyari at his private hospitals.

Later, MQM leaders Wasim Akhtar and Abdul Rauf Siddiqui and PSP president Kaimkhani had also moved bail pleas after they were sent to jail following cancellation of their bail by the anti-terrorism court. Another nominated co-accused, Pakistan People’s Party’s Abdul Qadir Patel, had later surrendered to the police while Pasban Pakistan’s general secretary, who also joined the proceedings, is already in jail.

In his plea, Dr Asim had denied the allegations, arguing that the allegations levelled by the paramilitary force were bogus and fake as they lacked any plausible evidence. Others had also denied the allegations.

Earlier, three different benches had declined to proceed with the bail pleas on different occasions as some of the judges had excused themselves from hearing the case.

Published in The Express Tribune, October 11^th, 2016.