Hajj scam: Ex-official’s bail plea: IHC puts federation, FIA on notice
Counsel claims FIA delaying submitting challan to keep his client behind bars.
ISLAMABAD:
The Islamabad High Court (IHC) on Monday put the federation and the Federal Investigation Agency (FIA) on notice on a bail application of former religious affairs ministry’s joint secretary Raja Aftabul Islam, one of the accused in the Hajj scam case.
His counsel Chaudhry Ahmed Khan Gondal contended that the FIA had neither completed the inquiry nor submitted the challan despite the fact that his client was behind bars for the last one year. He claimed the delay was deliberate, since the authorities desired to keep his client behind bars for an indefinite period.
He said his client was appearing before the court for every hearing yet the case has not proceeded as the other accused remained absent.
“It is the prosecution agency’s duty to produce all the accused in the court for timely disposal of the case,” he added.
“It is a principle that one cannot be penalised for a fault committed by someone else and an accused is considered to be innocent till convicted,” he maintained.
Gondal contended that there is no likelihood of the trial to be concluded in near future and the circumstances of his arrest allow him to be bailed under the criminal code.
He further said that his client’s name was already on the Exit Control List (ECL) and his passport is also with the FIA.
“Raja has rendered 39 years of spotless service and there is no apprehension he might become an absconder or would temper any evidence.”
Published in The Express Tribune, January 31st, 2012.
The Islamabad High Court (IHC) on Monday put the federation and the Federal Investigation Agency (FIA) on notice on a bail application of former religious affairs ministry’s joint secretary Raja Aftabul Islam, one of the accused in the Hajj scam case.
His counsel Chaudhry Ahmed Khan Gondal contended that the FIA had neither completed the inquiry nor submitted the challan despite the fact that his client was behind bars for the last one year. He claimed the delay was deliberate, since the authorities desired to keep his client behind bars for an indefinite period.
He said his client was appearing before the court for every hearing yet the case has not proceeded as the other accused remained absent.
“It is the prosecution agency’s duty to produce all the accused in the court for timely disposal of the case,” he added.
“It is a principle that one cannot be penalised for a fault committed by someone else and an accused is considered to be innocent till convicted,” he maintained.
Gondal contended that there is no likelihood of the trial to be concluded in near future and the circumstances of his arrest allow him to be bailed under the criminal code.
He further said that his client’s name was already on the Exit Control List (ECL) and his passport is also with the FIA.
“Raja has rendered 39 years of spotless service and there is no apprehension he might become an absconder or would temper any evidence.”
Published in The Express Tribune, January 31st, 2012.