Dr Asim’s bail plea against ATC order unheard again for 13th time by SHC

SHC

By Nasir Mahmood

On Monday 17th October when a division bench of Sindh High Court adjourned the hearing of former petroleum minister Dr Asim Hussain’s bail plea it was the 13th instance during past four months when lawyers of Dr. Asim Hussain returned unheard against the rejection order of Anti-Terrorism Court (ATC). The bench headed by Justice Naimatullah Phulpoto referred back the case to the Chief Justice for constitution of a new bench. Earlier at the outset of hearing Barrister Abdul Latif Khosa appearing on behalf of Dr. Asim Hussain had pointed out to Justice Naimatullah Phulpoto, who was heading the bench, he was the Administrative Judge in December 2015 when Dr. Asim was arrested and produced before him. He had rejected the report of IO Altaf Hussain under section 497 Cr PC and had taken cognizance of the case. The bench on this referred the matter back to the Chief Justice for the constitution of a new bench. The other member of the division bench was Justice Karim Khan Agha. Earlier, the hearing in bail pleas of political leaders, Dr Asim Hussain, Rauf Siddiqui, Anees Qaimkhani and Qadir Patel was adjourned on 10th October when the division bench comprising Justice Syed Hasan Azhar Rizvi and Justice Sadiq Hussain Bhatti put off the case for 17th October without hearing. First time it was on Monday 4th July, 2016 when it was included in supplementary list for hearing of bail application. Justice Syed Muhammad Farooq Shah & Justice Muhammad Iqbal Kalhoro issued the Notice for 20/07/2016. On Wednesday 20th July, 2016 it was again fixed for hearing of bail application Justice Ahmed Ali M. Sheikh & Justice Muhammad Iqbal Mahar discharged the case. The next date was Monday 22nd August, 2016 when it was in additional list for hearing of bail application. Justice Aqeel Ahmed Abbasi & Justice Abdul Maalik Gaddi discharged the case. The same day i.e., Monday 22nd Aug, 2016 it was included in daily list for hearing of bail plea. Justice Abdul Rasool Memon & Justice Aftab Ahmed Gorar discharged it. Again on Tuesday 23rd Aug, 2016 it was in additional list for hearing of bail application. Justice Aqeel Ahmed Abbasi & Justice Abdul Maalik Gaddi adjourned it. Then on Monday 29th August, 2016 it appeared in daily list for hearing before a bench comprising Justice Ahmed Ali M. Sheikh & Justice Rasheed Ahmed Soomro who adjourned the hearing for 5/9/16. On Monday 5th September, 2016 it appeared again in daily list for hearing of bail application U/S 426, Cr.P.C. But Justice Ahmed Ali M. Sheikh & Justice Rasheed Ahmed Soomro discharged it. Then on Tuesday 6th Sep, 2016 the case appeared in additional for hearing of bail application & U/S 426, Cr.P.C. Justice Ahmed Ali M. Sheikh & Justice Rasheed Ahmed Soomro adjourned it for 20/9/2016. On Tuesday 20th September, 2016 it was included in daily list for hearing but Justice Ahmed Ali M. Sheikh & Justice Rasheed Ahmed Soomro declined a to hear the same. The same day Tuesday 20th Sep, 2016 it was transferred to a bench comprising Justice Muhammad Ali Mazhar & Justice Abdul Ghani Soomro who also adjourned it. On Thursday 29th September, 2016 it appeared in daily list to be heard by Justice Muhammad Ali Mazhar & Justice Abdul Ghani Soomro and was again adjourned for 10/10/2016 at 11:00 a.m. On Monday 10th October, 2016 it appeared in daily list to be heard by Justice Syed Hasan Azhar Rizvi & Justice Sadiq Hussain Bhatti who adjourned the hearing for 17.10.2016. Then on Monday 17th October, 2016 the case appeared in daily list for hearing of bail application before Justice Naimatullah Phulpoto & Justice Muhammad Karim Khan Agha and hearing was declined by senior member of the bench as he was administrative judge at the time of arrest of Dr Asim.