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SC suspends PHC order granting bail to Asad Qaiser, others

Justice Sardar Tariq Masood questions blanket orders passed by high courts

By Our Correspondent
October 20, 2023
The Supreme Court of Pakistan. The SCP website.
The Supreme Court of Pakistan. The SCP website.

ISLAMABAD: The Supreme Court (SC) on Thursday, while raising questions over the blanket orders issued by high courts, suspended the verdict of Peshawar High Court (PHC), granting bail to former Speaker National Assembly Asad Qaiser and others in corruption related cases.

A two-member bench of the apex court, headed by Justice Sardar Tariq Masood, admitted for regular hearing the appeal of the Government of Khyber Pukhtunkhwa (KP), challenging the verdict of Peshawar High Court, granting bail to the accused with the direction not to arrest them in any other case.

The court, after admitting the appeal of KP government, issued notices to all the accused, including Asad Qaiser, Aqib Ullah, Rangraiz Ahmed and Ata Ullah.

During the course of hearing, Justice Sardar Tariq Masood questioned the blanket orders passed by high courts. The judge observed if a court grants a bail to a person accused of theft and later on the accused commits murder, whether the police will arrest him or not.

At the outset of the hearing, the public prosecutor representing the KP government submitted that cases were registered against the accused persons by the Anti-Corruption Department, Swabi. However, during this period, all the accused persons got protective bails from the Islamabad High Court.

The officer further informed the court after getting bails from the IHC, they did not appear before the Anti-Corruption Court concerned but approached the Peshawar High Court for bail.

He further informed the court that the Peshawar High Court, after granting bails to Asad Qaiser and other accused persons, directed that they should not be arrested in any other case.

The public prosecutor requested the apex court to suspend the order passed by the Peshawar High Court with the contention that the order was against the criminal system of justice.

Later, the court, after hearing the arguments of public prosecutor, suspended the order of Peshawar High Court, admitted for regular hearing the appeal of KP government and issued notices to the accused persons.

It is pertinent to mention here the Anti-Corruption Department framed charges against several PTI leaders, including Asad Qaiser, for allegedly making illegal appointments in the Education Department during the party’s rule in Khyber Pakhtunkhwa.

The FIR names former provincial education minister Shahram Khan Tarakai, former adviser to the chief minister on industry Abdul Karim, then lawmakers Aqibullah Khan (brother of Asad Qaiser) and Rangraiz Khan, as well as officials of the District Education Department.

It was alleged that illegal recruitments were made in the Swabi Education Department during the previous PTI governments’ tenure.