Barrister Fahad’s family to file for review of accused’s bail transfer order

ISLAMABAD: Barrister Fahad Malik's family is set to file a review of the transfer order of two bail matters of the accused in the lawyer's murder case from Islamabad High Court (IHC) to any other high court after the Supreme Court accepted the accused's constitutional petition, Geo News reported.

A source in the legal team said the late Malik’s brother, Jawad Sohrab Malik, plans to raise several legal issues with the order and request a review after a three-judge bench of the apex court allowed the petition filed by Raja Arshad Mahmood, the accused, under Article 186-A. The bench is headed by Justice Mushir Alam and comprises Justices Sardar Tariq Masood and Qazi Muhammad Amin

The murder accused had applied to the court to transfer two bail petitions related to Malik’s murder from the IHC to any other high court. The source said Jawad was not given time to engage counsel to make preparations for the case.

He said: “Four notices — each, an hour apart — were received through the evening of Wednesday 6th November to appear on Thursday 7th November.

"The barrister's family appeared and requested the court to grant few days to engage counsel and prepare however the case was fixed for the following day Friday 8th and the petition was allowed the same day on Friday 8th November. We will be availing all possible legal remedies.”

Advocate Faisal Siddiqui, who was arguing another case before a different bench appeared on Jawad's behalf, while Ahsan Bhoon Advocate represented the accused.

Siddiqui stated before the bench that he would bring documents on the record to refute arguments of the petitioner. However, Justice Masood ordered the accused's counsel to argue the matter, following which the petition was allowed. The written order is yet to be issued.

A source in Barrister Fahad Malik's family noted: “It is the duty of the state and justice system to ensure justice; however, we are being thrown from one high court to another.

"What is more saddening is that being an aggrieved party and, after losing a family member, we have not been given an opportunity to be heard.”

Barrister Malik was killed in a shooting on a busy road in Islamabad three years ago while performing his job as a legal counsel.

The accused — Raja Arshad, Nauman Khokar, and Raja Hashim Khan — have been in custody on murder charges. Arshad was caught at the Torkham border by officials of the Federal Investigation Agency as he attempted to flee to Afghanistan a few days after the murder.

In the first week of May 2019, Anti Terrorism Court judge, Syed Kausar Abbas Zaidi, granted bail to Arshad when the murder trial was in its final stage. However, it was later suspended by the IHC.

Jawad, the late Malik's brother, mentioned that if the IHC had not suspended the bail order, the accused would once again try to flee the country. He went on to say the killer and their counsel wanted the matter to be heard at another high court to delay and further complicate the process of justice.

He also said there had been four directions to conclude the case, of which the last deadline expired at the end of last month.