KARACHI, Aug 28: A bench of the Sindh High Court here on Wednesday reserved its order on a miscellaneous application filed by Hakim Ali Zardari, seeking release on bail on medical grounds, suspension of impugned sentence and fine awarded to him by an accountability court.

The bench comprised Justice Mohammed Roshan Essani and Justice Mohammed Mujeebullah Siddiqui.

Counsel for Mr Zardari, Barrister Azizullah Shaikh, submitted that the applicant is an old man of 76 years. He relied on a medical report of a special medical board which had examined the applicant on the orders of a SHC bench, dealing with the bail application of the applicant.

The accused has been suffering from Osteoporosis and Arthritis and has been under medical care, he added.

The counsel relied on a number of judgments by the Supreme Court, including Manzoor Watoo versus the state and Mohammed Saeed Mehdi cases.

Deputy prosecutor general, NAB, Anwar Tarique, relied on the judgement in Usman Farooqui case and said that bail was denied even after medical grounds were agitated.

“The applicant has been convicted and what is the guarantee that he will return to the country after treatment,” he maintained.

The court said the accused can be asked to submit sufficient security.

The NAB counsel objected to the prayer by the applicant for suspension of fine and forfeiture of immovable assets of the applicant.

Barrister Shaikh submitted that it would be sufficient if the court ordered that no third party interest was created in respect of property owned by the applicant.

The bench observed that auction of the said property could be stayed and then reserved the orders.

AAG reprimanded: A division bench of Sindh High Court (SHC), comprising Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jafri, reprimanded an AAG Sindh for making “inconsistent statements” while putting off hearing of two petitions filed by Gul Mohammed Hajano, DEO Malir, on Wednesday.

The petitioner has moved the court seeking upgradation of post of Principal of Government Comprehensive School from BPS-18 to BPS-19 in one petition while through another, he challenged his order of seniority.

When the matter pertaining to upgradation of the post came up for hearing, AAG Suleman Habibullah first took the stance that copies of the petition/documents were not supplied to the AG Sindh’s office.

The bench drew the attention of the AAG towards diaries of case and also of the names of AAGs who appeared in the matter for Sindh government, including the then AAGs Shafi M. Memon and K.M. Nadeem.

The bench informed the AAG about the statement of the then AAG regarding finalization of matter.

When the AAG said that the post has been upgraded and that the “petitioner’s problem has been solved”, the bench took strong exception to the statement by the AAG.

The situation in AG’s office appears to be worse. No notes were taken by the AAGs appearing in the cases, the bench observed. “Why do you make such statements, we will record that inconsistent statements made at the bar by you,” the bench said.

AAG Suleman Habibullah submitted that “petitioner is in habit of filing different petitions before different forums (courts) with identical prayers”. He suppresses the facts from courts, he added.

The bench said that it was the duty of the law officer appearing in the case to bring such things before the court. It needs some homework for which you are not prepared.

The bench, observing that litigation was “the hobby of the petitioner” then asked the AAG to go through the files and adjourned the hearing till Sept 17. Another petition by the petitioner was also adjourned for the same date.—APP