Mountain made out of molehill in Dr Asim’s case

Legal expert says the accused is least likely to be convicted due to weak FIR that makes him a political victim

ISLAMABAD: Law enforcement agencies have made mountain out of a molehill in PPP leader Dr Asim Hussain’s case, a close confidant of ex-President Asif Ali Zardari, as the FIR lodged against him after 90-day remand in Rangers’ custody is aimed more at ‘political victimisation’ and less towards conviction.

After a lengthy remand in Rangers’ custody, an FIR was lodged against Dr Asim Hussain on 25-11-2015 under Section 201/202/216/216(A)/409/34 of Pakistan Penal Code Read with Sections 6(7)a, 21-(i) and 21-(j) of Anti-Terrorism Act.

Legal experts say all the above mentioned sections refer to a person who is not directly involved in any act but is accused of facilitating, abetting or harboring a criminal or terrorist, or committing omissions.

It was portrayed through the media that Dr Asim had committed corruption amounting to billions of rupees but what has been mentioned in the FIR is mere allegations that he made illegal recruitments by taking bribes and awarding contracts to favourites in the Sui Southern Gas Company Ltd (SSGCL) and Pakistan State Oil (PSO), apart from the allegation of facilitating terrorists and criminals.

The following are the sections and subjects being covered under them.

Section 201 of PPC: “Causing disappearance of evidence of offence, or giving false information to screen offender;

202: Intentional omission to give information of offence by person bound to inform: 

216: Harbouring an offender who has escaped from custody or whose apprehension has been ordered;

216-A:  Penalty for harbouring robbers or dacoits:

409: Criminal breach of trust by public servant, or by banker, merchant or agent:

34: Acts done by several persons in furtherance of common intention.

Anti-Terrorism Act:

Section 6 (7) a: In this Act, a “terrorist” means:- An individual who has committed an offence of terrorism under this act, and is or has been concerned in the commission, preparation, facilitation, funding or instigation of acts of terrorism;

21 (i): Aid an abetment. Whoever aids or abets any offence under this act shall be punishable with the maximum term of same imprisonment provided for the offence or the fine provided for such offence or with both.

21 (j) Harbouring: (1) A person commits an offence if he harbours any person who has committed an offence under this act.

21 (j) (2) A person guilty of an offence under sub-section (1) shall be liable on conviction to punishment as provided in sections 216 and 216A of the Pakistan Penal Code.”

Justice (R) Tariq Mehmood, senior lawyer Supreme Court of Pakistan, when contacted by The News said FIR was mere first information report in Pakistan and all depends upon the evidence presented before the court of law and it is yet to be seen in Dr Asim Hussain’s case that what evidence is presented before the court.

“Now everything depends upon the investigation whether the evidence presented in a court of law is admissible or not”, said the lawyer.

Asad Abbasi Advocate, a senior lawyer affiliated with People’s Lawyer’s Forum, when contacted said all the offences mentioned in the FIR against Dr Asim Hussain are about abetment, facilitation, harbouring or omissions thus he has not been mentioned as a main accused in any case, which clearly makes the FIR weak.

He said since the case was of high profile nature and the media had created hype therefore to give weight to the contents of the FIR the aforementioned sections have been added.

Giving reference to case laws, Abbasi said in 2013-SCMR-1326 and PLD-2005-SC-1 in a case where senior advocate Supreme Court Habib Wahab-ul-Khairi was sent on police remand over a tussle with a sessions judge, the Supreme Court had laid down the prerequisites of sending an accused on remand and the SC has clearly mentioned that if there is no recovery there is no need of remand and in cases of abetment, omissions and harbouring no remand is required yet a person is sent on remand first for 90 days to Rangers over suspicion of terrorism and then to police for an FIR that Rangers had carved after their 90-day investigation.

Asad Abbasi said some other strong cases could have been lodged against Dr Asim but the instant FIR makes him political victim because the sections mentioned in the FIR are least likely to end in a conviction.

“Normally, police, all over Pakistan, book persons under such sections to politically victimize them which never end up in conviction”, the lawyer said.

Another lawyer of Supreme Court, Azhar Siddique, while commenting on the instant case said that the whole case depends upon police investigation and in the first instance, the police have dropped terrorism charges against Dr Asim Hussain.

He said Dr Asim was picked up by Rangers under Protection of Pakistan Ordinance on suspicion of terrorism and later they became complainant in the case and the entire game is in police’s hands now.

He said much depends upon what police presents in the court in the challan. He said according to him, the FIR was too weak and Dr Asim was least likely to be convicted under these sections.