Supreme Court orders release of Malik Bari
Wednesday, October 28, 2009
By By Sohail Khan
ISLAMABAD: The Supreme Court on Tuesday ordered the release of Malik Tubarak Hussain Bari against a surety bond of Rs 0.5 million. Malik Bari was picked up by the Karachi Police from Islamabad without fulfilling the legal requirements.

A three-member bench of the apex court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S. Khawaja and Justice Ghulam Rabbani, was hearing a suo moto case regarding an appeal of Raja Riasat Ali, father of deceased security guard of the DHA.

Producing Bari on court’s orders, SSP (Investigation) Karachi Niaz Ahmed Khoso and Investigation Officer of Sohrab Goth Police Station Aneel Ali Khushk informed the court that the accused was wanted to the Karachi Police in an FIR registered against him under Section 324, 427 and 34 of the PPC at the Sohrab Goth Police Station on October 16, 2009.

After going through the record of the case submitted by the Karachi Police, the court held that the FIR was false and the entire case was concocted and designed.

During the course of hearing, it was also revealed that the complainant, Zaheer Ahmed, had provided air tickets to the Karachi Police party for arresting and bringing the accused to Karachi. Tubarak Hussain alleged that when he was arrested, his 14-year son was beaten up and maltreated by the police. He said the Investigation Officer Aneel Khushk had also taken his precious Rolex watch from him.

The court was astonished when the Karachi Police informed it that a case was registered against Tubarak Hussain under Section 337, 148 and 149 in Karachi in 2003, in which he was also declared absconder.

Justice Jawwad S. Khawaja noted that Hussain contested the February 2008 general election as an independent candidate from NA-49 Islamabad and secured over 10,000 votes. He asked the police why it did not arrest him during his election if he was absconder.

Justice Khawaja also asked the police as well as Additional Prosecutor General Sindh Saleem Akhtar why they did not interfere during the scrutiny of Hussain’s nomination papers.

The court directed Hussain to approach Islamabad’s session judge if he had any grievances as the sessions judge was conducting an inquiry into the whole episode.

The court also left the police officials of the Sohrab Goth police station, who registered designed cases against Hussain, at the mercy of SSP Niaz Khoso. The court also asked Khoso to submit a report with the SC Registrar after taking action.