03 September 2004	Friday	17 Rajab 1425

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KARACHI, Sept 2: The Sindh High Court dismissed as infructuous on Thursday an application by PPP leader Asif Ali Zardari for his hospitalization in Karachi , but asked the anti-terrorism court trying the Justice Nizam Ahmed murder case to expedite the proceedings and pass orders from time to time for his treatment keeping in view his health condition in accordance with the law.

The former federal minister had invoked the inherent jurisdiction of the high court through Advocates Farooq Naek and Akhtar Hussain for his hydrotherapeutic treatment for his spinal problem at a Karachi hospital.

The relief was first sought from the special court for suppression of terrorist activities, headed by the district judge (central), which is seized of the murder case of Justice Ahmed and his son, Nadeem Ahmed.

The prosecution opposed the plea and pressed for the appointment of a medical board to verify the ailment and recommend treatment. The trial court named a high-level medical board, which recommended on March 30 that the accused should undergo hydrotherapy, initially for eight weeks.

A reassessment of his health condition should be made after the initial treatment. The treatment was available only at a Karachi hospital but the court dismissed the plea as it could not stay the proceedings of the accountability court which was trying Mr Zardari at Rawalpindi.

The applicant underwent treatment for a couple of days in Karachi and was shifted to Rawalpindi for trial by the accountability court. His counsel approached the high court for his shifting back to Karachi. The application was heard by a division bench, comprising Justices Wahid Bux Brohi and Rehmat Hussain Jaferi.

Contesting the application, Assistant Advocate-General Habib Ahmed submitted that the applicant had since received the recommended treatment and if further treatment was required, he should move a fresh application.

He could also seek stay of his trial by the various courts for medical treatment, if so advised by his doctors. Besides the applicant should have challenged the trial court rejection of his plea by revision petition, the AAG argued.

For detailed reasons to be recorded later, the bench held that the application had been rendered infructuous. As observed by the Supreme Court in 2001 on a previous petition by the accused, the right to life was a fundamental right and he should be provided all facilities for his treatment in accordance with the law.

The trial court should pass the necessary orders for his treatment keeping in view the medical board's recommendation. The trial proceedings should also be expedited, it ordered.

NOTICE ISSUED: The Sindh High Court issued a notice to the National Accountability Bureau in a petition moved by a former Habib Bank president for quashment of a corruption reference against him.

Petitioner Yunus Dalia and three other HBL officers were booked by the FIA in 1996 for embezzlement of over Rs23.61 million. According to a complaint lodged by the HBL senior vice-president H. Anwar Aziz, Yunus Dalia, Sabir Hussain, Pir Deedar Hussain Sarhandi and Anwar Haider Qureshi pocketed the money received by them from importers of yellow cabs and other vehicles as instalments under the (former) prime minister's transport scheme.

The complainant alleged that a number of vehicles imported through loans advanced by the bank were impounded by the HBL vigilance cell when the importer loanees defaulted on repayment.

The impounded vehicles were, however, released by the accused on recovery of defaulted instalments. The money received by the accused was not deposited in the bank but misappropriated by them. The case was registered by the FIA bank circle under the PPC but was later transferred to the National Accountability Bureau, which is prosecuting it.

Mr Dalia sought quashment of the reference as, he claimed, he was not involved in the impugned transactions. He neither sanctioned the loans, nor received any instalment as president of the bank.

There was no evidence against him that could possibly lead to his conviction. His quashment plea, he submitted, was unduly rejected by the trial accountability court. A division bench, comprising Justices Wahid Bux Brohi and Rehmat Hussain Jaferi, issued the NAB counsel a notice for Sept 14.