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December 22, 2015

Police report seeking Dr Asim’s release rejected

Top Story

December 22, 2015

Administrative judge orders former minister’s trial in ATC-II; prosecutor also supports police report declaring Dr Asim innocent

KARACHI: The question of Dr Asim Hussain’s trial took a new turn on Monday as the administrative judge of the Anti-Terrorism Court (ATC) rejected the police report seeking his release and ordered to try him in the ATC-II.

It rejected the stance of the attorneys for Dr Asim Hussain and also the report of the Investigation Officer (IO) Altaf Hussain that declared Dr Asim Hussain innocent under Section 173 of the Criminal Procedure Code. Special Public Prosecutor Nisar Durrani also supported the plea of the IO, saying  Dr Asim Hussain had no involvement in this case registered at the Gulberg Police Station.

In this case, Rangers were represented by Law Officer (LO) Habibur Rehman.The report mentioned that Dr Yousuf Sattar’s statement was also taken into account and the place where the accused of terrorism were allegedly provided treatment was also visited by the sitting IO. He said that the previous IO had not cooperated with him. The IO said that it was not a case in which the accused should be tried under the sections of Anti-Terrorism Act, 1997.

Justice Naimatullah Phulpoto, however, rejected the plea and observed that a report of the Joint Investigation Team (JIT) had clearly stated that Dr Asim Hussain was an accused who had facilitated criminals and terrorists. The judge further held that Dr Asim Hussain had recorded his statement before the JIT confessing to his involvement in the provision of medical facilities to the injured accused of terrorism at his Ziaduddin Hospital.

Besides, there were some other proof that showed his alleged involvement in the crimes. Hence, the judge concluded that Dr Asim Hussain should be tried in the ATC-II. The administrative judge ordered the police to produce Dr Asim Hussian before the ATC (II) after the expiry of his remand period. The court noted that Dr Asim’s custody should be under the National Accountability Bureau (NAB) investigators till the expiry of the remand period and after this, he must be presented before the ATC-II that was responsible for the trial of Dr Asim.

DSP Altaf Hussain (IO) presented the report that cleared Dr Asim Hussain of all the allegations. However, Justice Phullpoto said that the JIT report and other proof spoke otherwise. Dr Asim Hussain’s counsel, Advocate Anwar Mansoor Khan, and Amir Raza were informed by the court that it was not a stage for arguments. Since the accused was under the custody of investigators on remand, it was not fair to hear the arguments, the court concluded.

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