Delay in trial: SC tells Khursheed to seek bail on hardship from high court

ISLAMABAD: The Supreme Court (SC) on Thursday suggested the counsel for Syed Khursheed Shah, former leader of the opposition in National Assembly and PPP leader, to raise the issue before the high court, the point of delay in trial, merit as well as hardship.

A three-member SC bench comprising Justice Mushir Alam, Justice Sardar Tariq Masood and Justice Aminuddin Khan heard the post-arrest bail plea, filed by Khursheed Shah. During the course of proceedings, Advocate Makhdoom Ali Khan, counsel for Khursheed, said they had approached the high court after 30 days of arrest, hence bail on hardship could not

be sought.

Justice Sardar Tariq Masood told the counsel they could remand the instant case to the high court where the petitioner could raise the issue of delay in trial as well as hardship. “If the high court refused the bail, then the petitioner could come back to the Supreme Court,” Justice Tariq Masood told the counsel.

“We had already held that the apex court would not hear the point which was earlier not raised before the high court,” Justice Tariq Masood remarked.

Makhdoom Ali sought time for today (Friday) to seek instructions from his client. He submitted that lots of accused got bails in NAB cases due to delay in trial court’s proceedings, adding that it was unfair to continue the trial for lifetime.

Justice Tariq Masood observed that in the instant case, the point of delay in trial was not raised before the high court. Justice Mushir Alam observed that even the accused were also responsible for delay in deciding the cases. The court has to look into every aspect of the case and decide the matter.

“How the apex court can take action on the point which was not raised before the high court,” Justice Tariq Masood asked the counsel for the petitioner. The counsel, however, contended that the apex court could also look into the facts as well.

The court adjourned the hearing for today (Friday) and held that hearing on the cancellation of bails of two wives of Khursheed Shah and others will be heard later on. The court also adjourned until today (Friday) the bail before arrest of Farrukh Shah, son of Khursheed Shah.

Earlier, the counsel for Khursheed submitted that NAB had closed an inquiry against his client in 2014, adding that details about income tax and others were available on the record.

Justice Tariq Masood asked about foreign visits of family members of Khursheed Shah, adding that as per NAB record, the family members’ foreign visits were 140. The counsel replied that the travel expenditures of the family were not part of the reference, adding that NAB did not level allegation of travel expenditure. However, if the anti-graft body filed a supplementary reference and asked for submitting a reply, it will be submitted,” Makhdoom Ali submitted.

To a court query about the independence of family members, the counsel replied that for how long the family members were dependent, it was clearly mentioned in the tax returns.