Referee Judge reserves judgment



By Nasir Mahmood

KARACHI: The referee judge of Sindh High Court Aftab Ahmed Gorar reserved the judgement after completing the hearing of Dr Asim Hussain’s bail applications yesterday. During the hearing Barrister Latif Khosa appeared on behalf of Dr Asim and submitted the medical report that his client was suffering from eye sore. Khosa explained before the court that due to longer period of confinement Dr Asim has become a psychiatric patient. He requested for granting bail to Dr Asim’s bail due to his worsening medical condition. The prosecution counsel Malik Altaf opposing bail plea, requested the court to refer back the case to Chief Justice for establishment of a larger bench, because there was a difference by the two benches. One bench favored the bail while the other opposed under Justice Muhammad Farooq Shah, he claimed. After hearing the arguments of both the counsels, the learned Referee Judge asked the prosecution whether they accept the listed ailments faced by Dr Asim Hussain or not? If not, did they challenge him? The counsel replied that they accept the ailments, that’s why he was provided all the facilities even at his own hospital. He further said that they did not challenge his ailments in any court. Earlier, replying to the points raised by prosecution, Latif Khosa stated that his client’s real cure suggested by medical board is surgery which has not been provided so far. We want to cure the serious ailments for disc replacement, heart problem, danger of paralyses and the brain problem as identified in the MRI reports already submitted with the court. But this is not possible under detention, he said. Khosa also referred to the judgments that if one judge opposes and the other favors the party, he should get bail. While here two judges have already favored the bail for Dr Asim and one judge opposed. He is already granted bail in the ATC case. Therefore, he should be released on bail and let go for treatment to get his life out of danger. Justice Gorar was appointed referee judge to decide on the two bail applications of former petroleum minister Dr Asim Hussain. SHC Chief Justice Sajjad Ali Shah had appointed Justice Gorar to examine the split judgment and decide the matter. A two-judge bench, comprising Justice Muhammad Farooq Shah and Muhammad Karim Khan Agha, had, on Feb 3, given a split judgment in the matter. The judgment was announced with Justice Farooq Shah, who headed the bench dismissing the pleas, while Justice Karim Khan Agha granting the bail. In a 32 page judgement, Justice Karim Khan Agha in his dissenting note on granting bail said Asim’s life could be at risk, therefore, he should be given bail on two surety bonds of Rs 2.5 million each. The application was filed U/S 426, Cr.P.C. The CP-7597/2015 was filed for bail against the NAB reference No. 13/2016, and CP-1696/2016 was filed against NAB reference No. 19/2016.