KARACHI: The decision of the administrative judge of anti-terrorism courts to put former federal minister Dr Asim Hussain on trial in a terrorism case has come as a serious blow to the PPP-led Sindh government, which believes that such decisions would erode people’s confidence in the judiciary.
Dr Asim, a PPP leader and close aide of former president Asif Ali Zardari, was re-arrested on Monday in a case relating to terrorists’ treatment and harbouring after the administrative judge, Justice Naimatullah Phulpoto of the Sindh High Court, threw out a report for his release and sent the case for trial.
The judge disagreed with the report submitted by DSP Altaf Hussain, the second investigation officer (IO) in the case, and observed that he was not “legally justified to release accused Dr Asim Hussain”.
The judge observed that “prima facie, there is sufficient incriminating evidence/material against Dr Asim Hussain and other accused persons to connect” them to the case.
In his report, the IO claimed that no evidence had been found against Dr Asim during investigation.
Dr Asim’s lawyers, Anwar Mansoor Khan and Amer Raza Naqvi, argued that neither any incriminating evidence was found nor any offence was made out against their client from the material collected during the investigation.
But the judge dismissed their contentions and observed that they “required deeper appreciation of evidence, which is not permissible at this stage”.
Sindh govt says such decisions will erode people’s confidence in judiciary
One of the defence lawyers informed the court that he was receiving threats from certain quarters for defending Dr Asim.
In a statement in the court, Dr Asim also said: “My life is under threat. I have been humiliated by the press, by electronic media. And I am the son of those who played a vital role in the creation of Pakistan.” He said he was facing “personal vendetta” and all evidence against him was “false”.
On Dec 11, police informed the court that “no terror-related evidence” had been found against Dr Asim under Section 497 (II) of the Criminal Procedure Code (CrPC) and, therefore, he was not required to be detained.
But a Rangers prosecutor had contended that there was sufficient evidence against Dr Asim to implicate him. The statement of Dr Yousuf Sattar, the managing director of the Ziauddin Hospital chain, was concrete evidence against Dr Asim, he had said.
After Rangers’ staunch opposition to the police’s stance, the court had ordered the police IO to submit within 10 days a report explaining why no charges could be established against Dr Asim under CrPC.
Dr Asim, who is also chairman of the Sindh Higher Education Commission, was arrested on Aug 26. Rangers detained him for 90 days and later handed him over to police after lodging an FIR pertaining to treating and harbouring terrorists.
Police sought multiple extensions in his remand for further questioning and collecting evidence in the case. After police released him on Dec 11, he was arrested by the National Accountability Bureau and an accountability court later remanded him in the anti-graft body’s custody.
SINDH GOVT REACTION: Moula Bux Chandio, adviser to the Sindh chief minister on information, expressed disappointment over the administrative judge’s order and said: “Such decisions could provoke my party and reduce the confidence of people in courts.”
In a thinly veiled reference to Rangers, he said at a press conference that the
government was “tolerating many things” of its subordinate institutions for the sake of democracy.
About the change of the prosecutor, he said it was a prerogative of the department concerned to nominate whoever it wanted to represent it in court.
Mr Chandio said the court had ignored witnesses’ statements and other evidence submitted in the defence of Dr Asim. However, he added, the decision to challenge Monday’s order rested with Dr Asim’s family.
He said Dr Asim belonged to the PPP and held an office in the Sindh government. “Is it a sin if one asks that justice be done to him,” he wondered.
Published in Dawn, December 22nd, 2015
