SHC summons ACE chief to explain opposition leader Haleem Adil’s arrest

The Sindh High Court on Wednesday took exception to the arrest of provincial assembly opposition leader Haleem Adil Sheikh by the Anti-Corruption Establishment (ACE) in violation of a Supreme Court judgment, and summoned the chairman of the anti-graft authority and anti-corruption committee members for explanation.

The direction came during a hearing of a contempt-of-court application filed by PTI MPA and Sindh Assembly opposition leader Haleem Adil Sheikh against his arrest despite the court’s restraining orders.

Sheikh’s counsel submitted in the application that the court had restrained the ACE from taking any coercive action against the applicant pertaining to two corruption inquiries pending against him.

He said the applicant was being politically victimised by the ruling Pakistan Peoples Party in Sindh to curb the voice of the opposition in provincial assembly, especially in the budget session.

He submitted that earlier the court was informed that there were only two inquiries pending against the applicant with the ACE. However, he said, the applicant was arrested by the ACE in Jamshoro in a fresh FIR without intimating the relevant court.

The counsel contended that the alleged contemnor disobeyed the orders of the court, and requested the court to punish the alleged contemnor.

ACE additional directors appeared before court and placed on record minutes of an ACC-I meeting whereby the registration of two cases and the arrest of the petitioner in complaint number GO-14 of 2019 was approved.

A division bench, headed by Justice Mohammad Iqbal Kalhoro, after perusal of the minutes of the meeting, observed that neither in the minutes of the meeting recommending the registration of two cases nor in the letter has any reason or any material been discussed justifying the registration and arrest of the petitioner.

The court observed that the act of the ACE appears to be prima facie in violation of several judgments passed by the court as well as the Supreme Court laying down that until and unless tangible evidence connecting an accused with the alleged offence is found he shall not be arrested.

The bench issued notices to the ACE chairman and the participants of the ACC-I meeting held on July 1 to appear and explain their position with regard to the violation of the court orders. It also directed the deputy directors of the ACE East and Jamshoro, who blindly and without applying their minds to the facts and circumstances of the cases and in dereliction of their fiduciary duty, approved the arrest of the opposition leader, to appear and explain their position on August 17.

ACE Chairman Dr Mohammad Sohail Rajput, who is also the chief secretary of Sindh, Dr Mohammad Nawaz Sheikh, chairman enquiries and ACE Sindh, Board of Revenue senior member Baqaullah Unar, secretary services Mohammad Saleem Rajput, and ACE Sindh Director Shahzad Faisal Abbasi were the participants of the ACC-I meeting, which decided to register two cases against the revenue officials and the PTI opposition leader’s pertaining to encroachment of government lands.