Amir Khan’s Hajj plea fans flames
The prosecutor has alleged that the judge is favouring the defendant
The prosecutor has alleged that the judge is favouring the defendant. PHOTO: RASHID AJMERI/EXPRESS
KARACHI:
Muttahida Qaumi Movement (MQM) leader Amir Khan wants to go to Saudi Arabia for Hajj, despite the serious allegations of instigating terrorism and harbouring criminals against him.
He maintains that he will come back and defend himself but the prosecution has its reservations: "Khan will slip away like his other comrades reportedly did and escape the trial, thus, he should not be allowed to leave the country and should instead be put behind the bars again."
This going-abroad saga has turned the case into a raging one with the prosecution accusing the judge of favouring the defense. Marked with heated arguments in a packed courtroom, Thursday's hearing appeared to be a catalyst of increasing friction between the two opposing sides.
Read: ATC accepts MQM leader Amir Khan's bail plea
Earlier this month, Khan had sought permission from the anti-terrorism court trying him to go abroad to perform the annual Islamic pilgrimage. He submitted affidavits in order to assure the court that he had no ulterior motives - a procedure required by law.
The court notified the prosecution about the plea and asked them to submit their reservations, if any. Initially it sought time to study the case, which is permissible under the law.
The case against Khan is an unusual one; lodged and being prosecuted by the Rangers, he was taken into custody on the March 11 raid at the MQM's heavily guarded headquarters, Nine Zero, and subsequently was grilled the paramilitary force for three months under the special powers they enjoy. Later, following the end of the preventive detention, he was booked in a case of giving shelter to convicted, wanted and others suspects detained along side in the raid.
During the hearing, the defense counsel, Shaukat Hayat, raised the matter by submitting that his client was shortlisted as a candidate in the government's Hajj scheme. He wants to perform his religious duty and will return after fulfilling it, Hayat said, adding that the documents supporting his claim will also be submitted to the court.
Meanwhile, the lawyer representing the paramilitary force opposed the contentions of the suspect, saying that it will be a risk if he was allowed to leave the country. In support of his claim, Rana Khalid, the special public prosecutor tasked with the case, argued that some other leaders of the party had already fled the country fearing their arrest and voiced his suspicions that the suspect would do the same.
Read: Case registered against MQM leader Amir Khan
The judge trying the case claimed that no one could be barred from performing religious rites. However, the prosecutor opposed this, saying that the court had already given the accused bail, even before the framing of the charges and it seemed that defense was being favored. "We will approach the high court against the decision," asserted the prosecutor.
Khalid added that the bail was given on the condition that the suspect could not leave country. "The court cannot review its decision," he said, adding that the suspect needed a no-objection certificate from the home department and others in order to do so.
Concluding the hearing, the judge observed that the defense must produce documents supporting the Hajj claim and the prosecution should bring up the what legal complexities they believed were in the case by next hearing on Saturday.
Published in The Express Tribune, August 14th, 2015.
Muttahida Qaumi Movement (MQM) leader Amir Khan wants to go to Saudi Arabia for Hajj, despite the serious allegations of instigating terrorism and harbouring criminals against him.
He maintains that he will come back and defend himself but the prosecution has its reservations: "Khan will slip away like his other comrades reportedly did and escape the trial, thus, he should not be allowed to leave the country and should instead be put behind the bars again."
This going-abroad saga has turned the case into a raging one with the prosecution accusing the judge of favouring the defense. Marked with heated arguments in a packed courtroom, Thursday's hearing appeared to be a catalyst of increasing friction between the two opposing sides.
Read: ATC accepts MQM leader Amir Khan's bail plea
Earlier this month, Khan had sought permission from the anti-terrorism court trying him to go abroad to perform the annual Islamic pilgrimage. He submitted affidavits in order to assure the court that he had no ulterior motives - a procedure required by law.
The court notified the prosecution about the plea and asked them to submit their reservations, if any. Initially it sought time to study the case, which is permissible under the law.
The case against Khan is an unusual one; lodged and being prosecuted by the Rangers, he was taken into custody on the March 11 raid at the MQM's heavily guarded headquarters, Nine Zero, and subsequently was grilled the paramilitary force for three months under the special powers they enjoy. Later, following the end of the preventive detention, he was booked in a case of giving shelter to convicted, wanted and others suspects detained along side in the raid.
During the hearing, the defense counsel, Shaukat Hayat, raised the matter by submitting that his client was shortlisted as a candidate in the government's Hajj scheme. He wants to perform his religious duty and will return after fulfilling it, Hayat said, adding that the documents supporting his claim will also be submitted to the court.
Meanwhile, the lawyer representing the paramilitary force opposed the contentions of the suspect, saying that it will be a risk if he was allowed to leave the country. In support of his claim, Rana Khalid, the special public prosecutor tasked with the case, argued that some other leaders of the party had already fled the country fearing their arrest and voiced his suspicions that the suspect would do the same.
Read: Case registered against MQM leader Amir Khan
The judge trying the case claimed that no one could be barred from performing religious rites. However, the prosecutor opposed this, saying that the court had already given the accused bail, even before the framing of the charges and it seemed that defense was being favored. "We will approach the high court against the decision," asserted the prosecutor.
Khalid added that the bail was given on the condition that the suspect could not leave country. "The court cannot review its decision," he said, adding that the suspect needed a no-objection certificate from the home department and others in order to do so.
Concluding the hearing, the judge observed that the defense must produce documents supporting the Hajj claim and the prosecution should bring up the what legal complexities they believed were in the case by next hearing on Saturday.
Published in The Express Tribune, August 14th, 2015.