Judge recuses from hearing bail plea

PHC Justice Ishtiaq says law does not allow him to hear ex-MPA’s case as he was his class fellow

PESHAWAR:

A Peshawar High Court division bench has excused itself from hearing the bail application of former provincial assembly member of the Pakistan Tehreek-e-Insaf and special assistant to the chief minister on industries Abdul Karim Khan and sent it to the chief justice for placing it before another bench and adjourned the hearing till Sept 20.

As soon as the division bench comprising Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah started the hearing, Justice Ishtiaq said that Abdul Karim Khan had been his classmate, so he could not hear the case.

Justice Ishtiaq told the petitioner and his lawyer that as the law required the same, it was necessary that another bench heard the case.

The former cabinet member was facing a case wherein he had requested for age relaxation for a person who was appointed a peon at a public sector primary school in his constituency.

Abdul Karim was arrested on July 4 from the premises of anti-terrorist court where he had appeared in a case registered against PTI’s leaders and workers.

Similarly, the division bench also postponed the hearing of the bail application of former National Assembly member Anwar Taj in cases, including corruption, and sent the case to the court of Justice Syed Arshad Ali.

Petitioner Taj’s lawyer Sher Afzal Marwat apprised the court that it would be good if the case was decided during the day as he came from another city.

The court said that a suitable order would be issued.

The court ordered to transfer the four cases to the court of Justice Arshad.

The court declared that as the partial arguments of these cases had been given in the court of Justice Arshad and he heard them, it would be better that he decided the case.

 

Published in The Express Tribune, September 12^th, 2023.