KARACHI: The Sindh High Court (SHC) on Monday allowed an application for urgent hearing of a petition seeking cancellation of bail granted to suspended SSP Rao Anwar in the Naqeebullah murder case.

Naqeeb’s father Mohammad Khan through his lawyer moved the SHC against an order of an antiterrorism court for granting bail to Rao Anwar. The petitioner had requested the court to hear the petition urgently.

The then SSP Malir, along with his subordinates, has been facing trial for allegedly killing Naseemullah — better known as Naqeebullah Mehsud — and three others in an alleged encounter on Jan 13 in Malir. The trial court had granted Rao Anwar bail in July.

A single bench of SHC — headed by Chief Justice Ahmed Ali M. Shaikh — allowed the application and scheduled the hearing for Oct 3.

The petitioner’s counsel Faisal Siddiqui argued that Rao Anwar had been very influential as it was evident from the fact that since his arrest he had been provided VVIP treatment and was kept at his home instead of prison. He contended that due to discriminatory and illegal favours being accorded to the suspect, the SSP had been threatening the prosecution witnesses.

He maintained that the petitioner had expressed no confidence in the presiding officer of ATC-II and also filed a petition in the SHC for transfer of the case to any other court. However, despite the pendency of the transfer plea before SHC, the trial court judge proceeded with the case in a hurried manner and granted bail to Rao Anwar.

The lawyer further argued that the bail order was patently illegal and had been passed in violation of the principles of the grant of bail, thereby resulting in the miscarriage of justice and pleaded to cancel the bail application of the then SSP and remand him to judicial custody.

ECP withdraws plea against Malik

The SHC has dismissed an appeal against the acquittal of former interior minister Rehman Malik in a dual nationality case after the Election Commission of Pakistan (ECP) withdrew it.

On a directive of the apex court, the election commission had filed complaints against Mr Malik and other legislators in 2012 for filing false declarations along with their nomination papers for elections to conceal their dual nationality before a district court.

However, Mr Malik through his lawyer moved an acquittal application and after hearing arguments from both sides, the district and sessions judge (South) exonerated the applicant in 2014.

The election commission had challenged the acquittal before the SHC.

However, regional election commissioner Ali Asghar Siyal and counsel for ECP Maimoona Nasreen filed a statement to withdraw the appeal in light of an order of the Supreme Court handed down on May 2 this year.

Published in Dawn, September 25th, 2018