ATC admits Qaimkhani’s fresh plea for bail

Court to hear arguments of special public prosecutor, state counsel on 27th

Karachi

Anti-Terrorism Court-II admitted Pak Sarzameen Party leader Anis Qaimkhani’s fresh application for bail on Saturday. 

The court issued notices to the special public prosecutor and the state counsel, directing them to appear on July 27 and tender their arguments on the plea.

The court noted that after the rejection of Qaimkhani’s earlier bail plea on July 19, he was sent to prison. Later, his bail plea was moved to the appellate court (the Sindh High Court), which dismissed it on the grounds that it was the discretion of the trial court to hear the bail plea of an accused standing trial in an ATC.

Qaimkhani is one of the accused in the Dr Asim Hussain case, and was shifted to prison on July 19 after the rejection of his bail plea along with other accused.

The court declared that the rejection of the earlier bail plea by the trial court was on merit, but after hearing arguments it admitted the fresh bail plea. 

Advocate Shaikh Sajid Mehboob, representing the Rangers in the case concerning charges the accused had provided shelter and medical care to criminals, said that it was the discretion of the trial court to hear such applications. 

He said the law had empowered the trial court to hear and conclude such bail pleas on merit, and contented that the court had all legal powers to entertain the bail plea of Qaimkhani.

The attorney for Qaimkhani argued that his client was not in the country when the case was registered over the alleged provision of medical treatment to criminals at Dr Asim Hussain’s hospital in the city. He further contended that the Pakistan Sarzameen Party leader had a family background in the political history of the country and he himself had been facing confinement as a politician. It was his right to obtain bail, the attorney concluded. 

Waseem Akhtar and Rauf Siddiqui of the Muttahida Qaumi Movement (MQM) and Qaimkhani were arrested at ATC-II headed by Khalida Yaseen after the court rejected their bail pleas in the Dr Asim Hussain case July 19.

However, Pakistan People’s Party (PPP) leader Abdul Qadir Patel, who is also a suspect in the case, allegedly managed to escape after the July 19 hearing. He later surrendered to the Boat Basin police.

Hussain, a former federal minister and close aide of former president Asif Ali Zardari, is facing charges of abetting terrorists and providing them medical treatment at his hospital. 

On July 13, the Sindh High Court (SHC) had directed the additional attorney general to file comments on a petition of Dr Asim Hussain seeking permission to transfer the power of attorney to his son.

Hussain said he wanted to give his power of attorney to his son, Ammad Hussain, who is a Canadian national, in respect of Ziauddin Medical Centre and his declared bank accounts in Dubai. 

His counsel submitted that Hussain executed the power of attorney in favour of his son in the presence of the competent authority, which was also acceded to by the accountability court hearing a corruption reference against him. 

However, the counsel said, officials at the foreign affairs ministry’s office refused to attest the transfer of power of attorney. He said the officials had informed him that there were various cases pending against his client before the national accountability court and an anti-terrorism court; therefore, attesting the power of attorney would affect the cases.

He asked the high court to issue a directive for the foreign affairs ministry authorities to attest/authenticate the power of attorney so that it could take effect. 

A division bench, headed by Justice Syed Mohammad Farooq Shah, directed the additional attorney general and others to file their comments within two weeks.