DR ASIM HUSSAIN BAIL PLEAS IN TWO CASES 

By Nasir Mahmood

KARACHI: After a split judgment, the bail applications filed by Dr Asim Hussain former federal petroleum minister were referred to Chief Justice of Sindh High Court who would appoint a referee judge to finally decide the bail pleas. The judgment was announced yesterday morning with Justice Farooq Shah who headed the bench dismissing the pleas while Justice Karim Khan Agha grnating the bail. In a 32 page judgement, Justice Karim Khan Agha in his dissenting note granting bail said Asim’s life could be at risk, therefore, he should be given bail on two surety bonds of Rs2.5 million each. Justice Farooq Shah in a separate judgment dismissed the request, saying Dr Asim was getting the necessary medical treatment. “He should not be given bail for the time being,” he said ordering placing the name of Dr Asim’s on the Exit Control List. He also instructed the trial court to conduct hearing on day to day basis and decide the case in four months. The former Petroleum Minister, had requested the court to allow him fly abroad for treatment; however, the court rejected his plea. In a written order, the SHC directed authorities to not to issue any passport till the investigation is complete. Dr. Asim was ordered to submit his passport to the Sindh High Court. It may be mentioned here that the Sindh High Court bench comprising Justice Syed Muhammad Farooq Shah and Justice Muhammad Karim Khan Agha had reserved the judgment on two bail applications filed by Dr Asim Hussain on 18th January. Advocate Anwar Mansoor Khan filed the application U/S 426, Cr.P.C. During hearing, the applicant’s counsel pointed out that 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, both pending with the Accountability Court since long. The bench was also informed that there was a case filed in Anti-terrorism Court (ATC) against Dr Asim Hussain and others, in which the Sindh High Court division bench had already admitted Dr Asim to bail on medical grounds. Anwar Mansoor Khan Advocate, counsel for Dr Asim Hussain, argued that his client was suffering from heart disease and was admitted to the National Institute of Cardio Vascular Diseases (NICVD). He remained under observations in the Coronary Care Unit (CCU). He further submitted that Dr Asim had also suffered from ‘transient paralysis attack’ in the sub-jail of JPMC. He was seeking bail on medical grounds as he was suffering from acute lumbar region pain also. His lumber disc replacement is not possible in government run hospitals and all his medical examination reports were presented before the court. The counsel further stated “My client’s health is deteriorating with every passing day.” All the major hospitals in the city do not possess the facility of lumber disc replacement and so he may be released on bail as his treatment was not possible in jail custody.