Rangers failed to seek govt’s permission before arresting Dr Asim, AG tells SHC

AAG says they have incriminating evidence against former minister

KARACHI: A tussle between the provincial and federal governments came up in the Sindh High Court (SHC) on Wednesday when the provincial advocate-general called Dr Asim Hussain's detention 'unlawful'.

Addressing the SHC division bench headed by Justice Sajjad Ali Shah, Sindh advocate-general Abdul Fatah Malik submitted that the Rangers did not seek any sanction from the provincial government prior to arresting former petroleum minister Dr Hussain, who was serving as the incumbent chief of the Sindh Higher Education Commission.



The former minister who is said to be a close confidante of former president Asif Ali Zardari was arrested in August this year during a raid at his office in Clifton. Later, he was taken into 90-day preventive detention by the paramilitary force on allegations of embezzling funds and financing terrorism.

Malik told the court that no orders to detain Dr Hussain, under Section 11EEEE of the Anti-Terrorism Act, were issued. The Rangers had yet to receive clearance from the provincial assembly to extend their special powers in the province as their tenure had expired the previous month, he added.



However, Sindh Chief Minister Qaim Ali Shah had extended their stay for 60 more days through an executive order. The stay has yet to be formally approved by the assembly. Under these circumstances, Malik said the former minister's detention was unlawful.

Listening to his arguments, Justice Shah asked Malik if he meant to say that the Rangers were illegally staying in the province. If that is so, he added, why does the government not ask them to leave? The judge remarked that the paramilitary force detained thousands of people and if the AG can elaborate on how many cases the government's permission was sought.

On the other hand, additional attorney-general Salman Talibuddin, who represented the federation, argued that the Rangers were lawful to detain any person whom they suspect to be involved in terror acts for a period of up to three months. This period can be extended if the paramilitary force wanted to interrogate the suspect further, he added.



In case of Dr Hussain, there was incriminating evidence available against him, he said, adding that the former minister is suspected of facilitating criminals. The bench asked him if those evidences can be presented in court but Talibuddin responded that they will do so only if there is an in-camera proceeding.

The bench, hearing arguments from both the sides, adjourned the matter till October 27. On the next hearing, the additional attorney general will continue his arguments.

Published in The Express Tribune, October 22^nd, 2015.