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Wednesday April 24, 2024

Maintainability of Ziauddin Hospital’s petition against raids questioned

Additional attorney general says the petition cannot be maintained because the matter of Dr Hussain’s detention is already sub judice

By our correspondents
October 28, 2015
Karachi
The federal law officer on Tuesday questioned the maintainability of a petition filed by the Dr Ziauddin Hospital’s management against Rangers raids, in the wake of detention of the hospital’s chairman, Dr Asim Hussain under anti-terrorism laws.
Additional attorney general Salman Talibuddin asserted that the petition could not be maintained because the matter of Dr Hussain’s detention was already sub judice, since his wife had challenged her spouse’s detention vires section 11-EEEE of the anti-terrorism act (ATC), under which he was detained by Rangers personnel.
Responding to the argument, the petitioner’s counsel Anwar Mansoor Khan submitted that the petition was against raids conducted by Rangers officials which had nothing to do with the detention of Dr Hussain. The counsel assured the court of filing the hospital’s trust deed and statements of the trustees.
With respect to a contempt of court application filed by the hospital’s management against Rangers for violating court orders, the federal law officer sought time to file a reply.
The hospital management had alleged that Rangers personnel despite the court directives to act in accordance with the law had conducted a raid at dock labour point hospital and forced the staff to provide required information.
SHC’s division bench headed by Justice Sajjad Ali Shah directed the federal law officer to file comments on the contempt application and adjourned the hearing till the second week of November.
The hospital’s management had moved the court against raids conducted at the medical facility following Dr Hussain’s detention, submitting that the paramilitary force was continuously conducting raids at the two branches of the hospital - situated in Shireen Jinnah Colony and North Nazimabad areas respectively- and harassing the hospital’s staff and management.
The petitioner maintained that Rangers took the hospital’s chief operating officer of the hospital Dr Yousuf Sattar following a raid, besides also seizing the facility’s financial and medical records of patients referred to the hospital by the Muttahida Qaumi Movement (MQM).
The petitioner’s counsel argued that the raids were unlawful, and the Rangers personnel were liable to be prosecuted in accordance with the law. He had prayed to the court to order registration of an FIR against the paramilitary force’s officials and direct the officials to return the hospital’s documents.