Pilgrimage plea: ATC reserves verdict on Amir Khan’s request to go abroad

The final decision is likely to be announced on Monday

The final decision is likely to be announced on Monday. PHOTO: RASHID AJMERI/EXPRESS

KARACHI:
An anti-terrorism court reserved on Saturday its decision on Muttahida Qaumi Movement (MQM) leader Amir Khan's plea to go abroad to perform Hajj.

The verdict has been reserved till August 17 after the bench heard arguments from both the defense and the prosecution.

Khan was taken into custody during the March 11 raid at MQM headquarters, Nine Zero, and was later booked in a case of instigating terrorism and harbouring criminals. He was released from prison in late June against a surety bond of Rs1 million - the highest security amount sought by an ATC at least this year - after serving three months in Rangers' custody and one month in police's.

Currently on bail, Khan had pleaded earlier this month the trial court grant him permission to go to Saudi Arabia to perform the annual pilgrimage.

On Saturday, the defense counsel submitted the documents supporting Khan's claim of performing Hajj, as sought by the court during the previous hearing. The paper was shown to the prosecution for scrutiny.

After examining it, the special public prosecutor representing the Rangers, Rana Khalid, argued that the document was not sufficient to be served as evidence in court. "It is something that anyone can get printed from a computer," he said, in support of his contentions.


"It states that Khan has been scheduled to leave the country on September 18 and return on October 3," he read out the paper before the judge, adding that it was not a verified document nor did it contain any approval from the government regarding the accused being nominated for Hajj.

Khalid further said that Khan was neither a minister nor a public representative. "He may be a political worker but also he faces serious allegations of being involved in heinous crimes," he said. He cannot be allowed to go abroad as it will be in total contradiction of the bail order, which restricts him to stay within the country, Khalid asserted, adding that the law does not allow the trial courts to review its decision.

Meanwhile, the defense counsel insisted that the trial court can do so. "The suspect is not on the exit-control list. Therefore, the trial court has been approached for the permission." To which the prosecutor replied that the document, having no verification, no approval, weighed nothing and was just a computer-generated slip. The suspect's counsel maintained that a Hajj application has been processed and they are awaiting its reply.

The ATC-II judge intervened and asked the defense how the court take a decision on whether or not the accused was leaving for Hajj. The defense pleaded to submit more surety but the prosecution opposed it, saying that money was not an issue. "It is a very serious trial."

The judge, after listening contentions from the sides, observed that the decision will be delivered on Monday.

Published in The Express Tribune, August 16th, 2015.
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