November 18, 2003	Tuesday	Ramazan 22, 1424

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ISLAMABAD, Nov 17: Justice Mansoor Ahmad of Lahore High Court, Rawalpindi Bench on Monday turned down the plea for the grant of bail to ARD President Javed Hashmi and asked the petitioner to approach the “proper forum” for the relief.

Ms Maimoona Hashmi, daughter of Mr Javed Hashmi had filed the habeas corpus petition on Nov 1. After a statement by Islamabad police that Mr Hashmi was in its custody, another application was filed, asking the court to convert the habeas corpus petition into bail petition and release him on bail.

Mr Hashmi was arrested from the Parliamentary Lodges on Oct 29 when he was leaving the Lodge at around 10:30pm. He is accused of abetting mutiny, by circulating a letter, purported to have been sent by the GHQ, at a press conference which was given wide publicity.

Justice Mansoor Ahmad had reserved the judgment on Nov 14 after hearing lengthy arguments by Barrister Aitzaz Ahsan and Syed Zafar Ali Shah.

On Monday, Justice Mansoor Ahmad announced that the habeas corpus petition had become anfractuous as the detenue has been arrested in a case and sent to jail on judicial remand.

The judge, however, observed that if the petitioner wanted the release of the detenue on bail due to defective remand order, the issue could be raised before the proper forum.

The Advocate-General of Punjab, Shabbar Raza Rizvi and Advocate Munir Bhatti, counsel representing Islamabad police, had opposed the grant of bail and prayed the court to reject the petition.

The counsels for Javed Hashmi had argued for the grant of bail on the ground that police had completed its investigation and sent Mr Hashmi to jail on judicial remand and cited a plethora of case law to convince the court for the grant of bail. Their arguments were not accepted.

Ms Maimoona, after the dismissal of the petition, said she was expecting nothing different from a court which decided habeas corpus petition within two weeks.