ISLAMABAD, Jan 28: A visibly disturbed Supreme Court bench on Friday questioned the probe's direction in the Bahria car racing case, deciding to summon Syed Kaleem Imam, former IGP Islamabad, for trying to influence the inquiry but only after a written statement of the investigating officer. “Investigating officer Maj (retd) Mubashirullah has been asked to give in writing his statement, thereafter the court will issue notice to the former IG to explain why he was making attempts to influence the investigation,” ordered the three-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday.

Five people died on December 5 last year when one of the cars in a drag race in Bahria Town's Phase VIII lost control and hit spectators.

Presented by counsel Hamid Khan and Zulfikar Naqvi, the bench did not approve the affidavit of Tahira Qaiser, a mother of one of the deceased, saying she was not interested in prosecuting the accused. The court said the affidavit should have come from the deceased's wife. The SC bench was shocked to learn that the affidavit was placed before the trial court when the bail of Ali Riaz, son of real estate tycoon Malik Riaz, was being sought. The stage of presenting affidavit only comes during the trial.

Justice Ramday asked Hamid Khan, a renowned lawyer and author of books on constitution, if he was developing a new jurisprudence by “advancing pleadings” on behalf of a fugitive. “We will not even look upon such affidavit,” Justice Ramday said.

Advocate General Punjab Khawaja Mohammad Haris spilled the beans when he lamented before the court that laws were being abused in the case, saying Ali Riaz after getting protective bail “got associated” with the probe despite the fact that he was required to surrender before a Rawalpindi court in three weeks. Ali Riaz did not appear before the trial court at the time of seeking bail, and presented a medical report saying he was bed-ridden and could not move.

Similarly Atif Sheikh, one of the organisers who applied for the No Objection Certificate (NOC) for the event, had also submitted a medical report stating he was not in a position to move but left for Dubai on January 16. The doctor who issued the medical report is being probed, Haris said. Sheikh is son-in-law of Tariq Aziz, principal secretary of former President Gen (retired) Pervez Musharraf.

Though Haris cited a case in Britain in which a man was extradited from the US for killing a passerby, he admitted that incriminating evidence against Ali Riaz was not available. He said in the absence of Sheikh, it was difficult to establish that Ali Riaz was in complete picture about the event. Haris also admitted that though red warrants had been issued against Sheikh, the relevant authorities were not taking interest, as the case was lingering on. He sought a direction for secretary interior, director general Federal Investigation Agency (FIA) and secretary Foreign Affairs to ensure extradition of Sheikh from Dubai, which the bench obliged.