29 December 2004	Wednesday	16 Ziqa'ad 1425

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KARACHI, Dec 28: A Sindh High Court judge referred to its chief justice a transfer application by the 'doctor brothers' without extending the interim order restraining the trial anti-terrorism court from pronouncing the final verdict in the case against them.

Dr Akmal Waheed and Dr Arshad Waheed had moved for transfer of their case from the court, presided over by judge Feroz Mehmood Bhatti, to some other anti-terrorism court. They alleged that the judge was hurriedly conducting the proceedings and he openly talked of 'pressure' being exerted on him.

The application came up before Justice Sabihuddin Ahmed on Dec 23 and he issued a notice to the advocate-general for Dec 28. The trial court was restrained from rendering a judgement till the disposal of the application.

Advocate-General Anwar Mansoor Khan submitted on behalf of the provincial government on Tuesday that the application could not have been considered by Justice Ahmed, the senior puisne judge and no order could have been passed on it by him. Under Section 28 of the Anti-Terrorist Act, 1997, a transfer application could only be placed before the chief justice.

Justice Wahid Bux Brohi, who was, meanwhile, assigned the transfer application, inquired about the ground for seeking transfer and also about the stage of the trial.

The AG said the only reason, according to the applicants, was that 'justice hurried was justice buried' though the ATCs were meant for expeditious trials. Four or five prosecution witnesses were still to be examined by the trial court. The applicants accused, the AG said, were out to delay the proceedings and an adjournment was being sought on every second date.

Appearing for the applicants, Advocate Mohammad Farooq said only the investigation officer was left for examination and the trial was close to conclusion. He requested the court to adjourn the matter for detailed argument and extend the interim order.

Justice Brohi referred the application to Chief Justice Saiyed Saeed Ashhad for consideration on Jan 13 and declined to extend the interim order, which was due to expire on Dec 28.

WRIT PETITION: Hearing of a writ petition moved by the doctors' wives against their confinement under the preventive detention provisions of the ATA was adjourned to Wednesday by a division bench, comprising Justices Brohi and Mushir Alam.

AG Anwar Mansoor Khan stated that the detainees had been taken into custody to prevent them from rendering further assistance to the banned terrorist organizations. The government had adequate evidence that they provided shelter, funds and medical treatment to the activists of Al Qaeda, Jundullah and Hizbul Tehreer.

The law-enforcement agencies were striving to dig up more details about the terrorist network and any disclosure at this stage would hinder their efforts. However, he was ready to show the evidentiary material to the judges in chamber should the court so direct or desire.

Advocate Mohammad Ilyas Khan, the petitioners' counsel, submitted that the doctors were re arrested under the preventive provisions on Dec 2 after their release on bail by the high court in a case involving substantive charges.

They were not produced before a judicial magistrate before their re-arrest as required by the law. Their names were not notified under Section 11-EE before arrest under Section 11-EEE of the ATA. In any case, the preventive detention provisions of the ATA were repugnant to constitutional safeguards against arbitrary arrest and detention, he argued.