Fahad Malik case judge made OSD after hasty bail decision

ISLAMABAD/LONDON: The Islamabad High Court has made OSD an Anti-Terrorism Court (ATC) judge from his position who ordered a hasty bail for the main murder accused in the final stages of British Pakistani Barrister Fahad Malik’s case.

The News International has seen the official notification issued on behalf of the Islamabad High Court which shows that Anti Terrorist Court-1 Syed Kausar Abbas Zaidi has been made OSD (On Special Duty) in the establishment division of the Islamabad High Court.

Syed Kausar Abbas Zaidi was also hearing four other key anti-terrorism cases pertaining to the attack on the state television building, parliament and SSP Junejo, against Pakistan Tehreek-e-Insaf and Pakistan Awami Tehreek (PAT) leaders.

The notification reads: “The honourable Chief Justice has been pleased to make following postings/transfers of Judicial Officers of Judicial Service Islamabad Service with immediate affect till further orders, in the public interest.”

The notification has been copied to the Secretary Ministry of Law and Justice, and various others. A source in the Ministry of Law and Justice confirmed that Syed Kausar Zaidi has been stopped with immediate effect from performing his role till further notice.

The ATC, in September 2019, had also granted Prime Minister Imran Khan permanent exemption from appearing before it in the cases. The transmission of PTV News and PTV World was cut off for almost half an hour before the Pakistan Army cleared the building.

It is understood that the IHC took notice after the manner in which Raja Arshad, the key murder suspect currently in Adiala Jail custody, was granted post-arrest bail at the hearing in ATC Court on April 30th in Islamabad.

Jawad Malik petitioned to the IHC challenging the bail order, pleading that their arguments were not even heard during the hearing and the accused was bailed after the one-sided arguments presented by the defence.

The ATC-1 judge Syed Kausar Abbas Zaidi had issued the bail orders for the release of murder suspect however a two-member divisional bench of the IHC restrained the Central Prison Adiala Superintendent from releasing the accused.

In a statement issued Fahad Malik’s brother Jawad Malik expressed his dismay. He said the bail was granted by the same judge who had earlier removed terrorism clauses from the case which order was also set aside by the Islamabad High Court in June 2018.

Jawad expressed satisfaction over the IHC order restraining Adiala Jail from releasing the killers. “We moved IHC, challenging the ATC order. The high court suspended the bail order and directed the Adiala Jail officials not to set free any of the suspects, he remarked.

“At the crucial time when the case is nearing finality, it is absolutely astounding that the killers were awarded bail instead of the death sentence.” said Jawad. “Such reports are demoralizing not only for us but also for the society as a whole,” he said.

Jawad added that news of grant of bail is even more upsetting because “immediately after the murder the same accused in 2016 obtained bail from Multan and was trying to flee Pakistan into Afghanistan; however, he was apprehended by law enforcement agencies at Torkham border.” Jawad Malik said it was shocking that accused is being given chance after chance to flee from Pakistan, after committing murder. “Knowing the previous conduct of the accused in which he was fleeing Pakistan misusing his bail it is astonishing to see another bail being granted to him that also when a death sentence should be awarded.”