SHC grants bail to Dr Asim in last two cases Release orders could not be issued

KARACHI: The Sindh High Court on Wednesday granted bail to former federal minster and Pakistan People’s Party leader Dr Asim Hussain in the Rs470 billion corruption references –– following the opinion of referee judge in the bail petitions who had held that the PPP leader was entitled for bail on medical grounds.

Dr Asim now got bail in the last two cases. His release orders, however, could not be issued.The issue of Dr Hussain’s bail had remained undecided after the split judgment by the SHC’s division bench, comprising Justice Syed Mohammad Farooq Shah and Justice Mohammad Karim Khan Agha, on February 3, 2017. One judge had dismissed the bail, directing the trial court to conclude the trial within four months. On the other hand, the other member of the bench had granted him bail, but had restricted him  from travelling abroad.

The chief justice of the SHC had appointed Justice Aftab Ahmed Gorar as a referee judge to decide the bail application of former federal minister Dr Asim Hussain in the Rs470 billion corruption references.

Dr Hussain, a close aide of former president Asif Ali Zardari, was facing corruption references pertaining to land fraud amounting to Rs9.5 billion, money laundering amounting to Rs3 billion and misuse of authority and criminal breach of trust through fertiliser scam of Rs450 billion. Besides, the National Accountability Bureau had also accused him [Dr Hussain] of illegally awarding gas contracts to a privately-managed gas processing company named the Jamshoro Joint Venture Limited (JJVL) to process gas from government-owned gas fields without any open auction and causing losses of Rs17.338 billion to the national exchequer.

The referee judge had upheld the decision of Justice Mohammad Karim Khan Agha in split judgment of SHC’s division bench, granting bail to Dr Hussain on medical grounds –– observing the fact that he couldn’t be treated properly within the premises of the jail and required specialised treatment. Justice Agha had observed that his continued detention in jail was hazardous to his life.

Justice Agha had observed that in bail cases, it was a settled law that refusal of bail should not be a punishment and the object of bail was to ensure that accused attended his trial which may be ensured by the court. Justice Agha had granted bail to Dr Asim with surety of Rs2.5 million each in two references subject to depositing his passport before the Nazir of the court. On the other hand, the interior ministry was also directed to place the name of the petitioner on the ECL.

Justice Syed Mohammad Farooq Shah, who was the head of the SHC’s division bench earlier, dismissed the bail applications of Dr Hussain in corruption reference and observed that perusal of the record reveals that offence committed by the accused person was a crime against the society as a whole, in connection with the public offices and he was not involved in any ordinary criminal matter.

Justice Shah observed that case of the petitioner fell within the exception as prima facie there was material on the record “to connect him with the commission of the offence.” “I may tentatively assess that prosecution indeed succeeded in establishing a case of dismissal of bail under relevant provision of NAO, 1999, and within ambit of section 497 (i) Cr.P.C,” Justice Shah observed, adding that petitioner, being a senior doctor, has been accommodated with excellent treatment and hospitalisation on recommendation of the medical board.

Justice Shah observed in his judgment that the petitioner, who is already in hospital, had been receiving proper treatment from reputed senior doctors in renowned hospitals of the country, therefore, there were no compelling reasons to free the petitioner on bail at this stage when the petitioner was facing serious charges.

On contention raised by the petitioner’s counsel that the petitioner has high class status, Justice Shah observed that in Islam, Constitution and law all citizens are to be treated alike, leaving aside their status or high/low position in the society.

Justice Shah had dismissed the bail application and observed that it was expected from the trial court to expedite the trial proceedings and decide the NAB references at the earliest –– preferably within four months –– by recording the depositions of all material witnesses on day-to-day basis.

Dr Asim’s counsels Sardar Latif Khoso and Anwar Mansoor Khan had submitted that their client was incarcerated since August 26, 2015, and yet the charge had not been framed by the accountability court.

Petitioner’s counsels submitted that the petitioner’s health was worsening and he required complete rest and medical treatment. They said two medical boards, which had examined Dr Asim, had suggested him surgery of the back as well as physio and hydrotherapy. They alleged that Dr Asim was subjected to torture in custody of the Rangers and the medical board had also examined him and suggested proper medical treatment. They argued that no proper treatment facility was available in the Jinnah Postgraduate Medical Centre, as treatment of the diseases of the petitioner was possible at different hospitals in Karachi, adding that the petitioner was admitted to the JPMC, which was hazardous to his life. They submitted that all other co-accused had been granted bail except Dr Hussain and requested the court to release him on bail on medical grounds.