ISLAMABAD: Former interior minister Sheikh Rashid Ahmed on Friday challenged the appointment of Hanif Abbasi as Special Assistant to the Prime Minister (SAPM) for being convict in ephedrine case.

Rashid filed the petition before the Islamabad High Court (IHC) through his counsel Barrister Sajeel Shaharyar citing Cabinet Division and Abbasi as respondents.

The petition pointed out that the Anti Narcotics Force (ANF) on July 21, 2012 registered an FIR against Abbasi under Section 9-C, 14 and 15 of the Control of Narcotics Substance Act, 1997 for selling 500kg ephedrine to drug smugglers instead of using the controlled chemical in medicine.

As per the charge sheet, the two officials of Arafaat Traders, the Karachi-based medicine distribution company to whom Abbasi claimed to have supplied 11,000 ephedrine-containing tablets denied Abbasi’s claim, the challan revealed, though the same company had earlier confirmed before the ANF that Abbasi had provided them ephedrine-containing tablets.

The CNS Court on July 21, 2018 found Abbasi guilty of selling 500kg of ephedrine to narcotics smugglers and a fine of Rs1 million was imposed on the PML-N leader along with the life sentence.

Seven other accused were acquitted in the case.

The sentence, however, was suspended in April 2019.

Rashid in the petition pointed out that the Lahore High Court vide order dated April 11, 2019 “only suspended the sentence of the Respondent No. 2 [Abbasi] and not the conviction” adding that “the conviction stood intact for all intents and purposes.”

Explaining the difference between the conviction and suspension of sentence, the petition stated that “in criminal jurisprudence, there is indeed a marked difference between conviction and sentence. Conviction is finding someone guilty positively of the offence(s) charged with whereas sentence is the punishment (imprisonment or fine or both) for being guilty of that offence.

Subsequently, Abbasi “is disqualified from holding the public office”, the petition said.

It said that “in the middle of April 2022, due to change in regime, a new government was formed and respondent No 2 was appointed as the special assistant to the prime minister.”

The petition termed the said appointment as illegal, unlawful and unconstitutional as he is inherently disqualified from holding this prestigious public office.”

The petition requested the court to set aside the notification for the appointment of Mr Abbasi as SAPM.

Sheikh Rashid granted bail

The LHC bench comprising Justice Chaudhry Abdul Aziz granted pre-arrest interim bail to Sheikh Rashid Ahmed in the Masjid-i-Nabwi case.

Justice Aziz granted the interim bail till May 18.

Initially, the case was fixed before LHC Judge Shahzad Ahmed Khan, however, he recused from hearing Sheikh Rashid’s petition and referred it to the LHC Chief Justice.

Subsequently, the petition was fixed before Justice Aziz.

Published in Dawn, May 7th, 2022