KARACHI, Dec 21 (NNI): The administrative judge of the antiterror court Justice Naimatullah Phulpoto had dismissed police investigation report under section 497 (II) of the Criminal Procedure Code (Cr.PC) of the criminal procedure code for the release on Dr Asim Hussain and has ordered for arresting the accused and for a trial of the accused in the summary trial court, ATC-II ab initio. Following the court’s order, police has once again taken custody of the accused Dr Asim Hussain.
He was earlier in custody of the national accountability Bureau – or NAB. The accused Dr Hussain was arrested on Aug 26, 2015 from his office of Sindh Higher Education Commission located in Clifton by the paramilitary Rangers. He was then busy in interviewing candidates for the post of Vice Chancellors of medical colleges.
The paramilitary Rangers had on the following day of his arrest produced in the ATC and obtained a 90-day preventive detention order. During that preventive detention, the accused was jointly investigated by a Joint Interrogation Team – or JIT, which carried confessional statements of the accused. The accused had also disclosed names of some 80 influential persons involved in the menace of corruption.
On his production in the ATC, the police investigator had along with a report on investigations on allegations against the accused for his alleged involvement in corruption, money laundering and others, the police investigator under the section 497 (II) of the Criminal Procedure Code (Cr.PC) asserted the accused was not found guilty on the basis of lack of any proof and evidence.
However, the court maintained that the police investigator did not have any authority for releasing the accused or for deleting clauses of antiterrorism. Police investigation report was submitted by investigation officer (IO) Deputy Superintendent of Police (DSP) Altaf Hussain, who had apprised the court that the accused was released on non-availability of proofs.
He also stated before the court that he released the accused on order of his superior officers including a Senior Superintendent of Police (SSP) and then a Deputy Inspector General of Police (DIG).
He informed the court that he had completed investigations in light of allegations and foud no evidences in support of those allegations.
He informed the court that he was made in-charge of investigation son the case on Dec 4 this current month but the former investigation officer failed to extend his cooperation and proved ot be partisan. The Rangers also did not provide details of the case and hence he decided to release the accused under section 497 of the Cr.PC.
On presenting the investigation report by the IO DSP Altaf Hussain, Justice Azmat Saeed ordered him to produce all relevant record of the case and statements of the witnesses. On this, the IO informed that the Rangers did not provide copies of investigation report and witnesses’ statements.
He informed the court that he had recorded statements of employees of Ziauddin Hospital including Samina Khan, Ishtiaque, Muhammad Shahid and Shehbaz and the Rangers had altered Samina Khan’s statement.
While opposing the DSP Altaf, Rangers prosecutor argued in the case and apprised the court that the Rangers had obtained enough evidences against the accused to implicate him in cases in which he has been charged and in this regard, the statement of an approver Dr Yousuf Sattar, who served the accused in his hospital as the managing director of Ziauddin Hospitals is a solid evidence against him.
He also stated before the judge that DSP Altaf Hussain did not consult the Rangers at any occasion during his investigations after the accused was placed under police custody. Hearing the arguments from both sides, the court ordered the police investigator to submit a report in 10 days along with an explanation as to why no charges could be established against the accused Dr Asim Hussain under the Cr.PC.
On the other hand, counsel of the accused eminent practioners of law Anwar Mansoor Khan apprised the ATC about threats he has received on being counsel of the accused. He informed the court that he is under tremendous pressure to discontinue with pleading the accused and was through a message told that since I am a retired military person so I should not struggle for saving a corrupt person. He also told the court that the message is saved and could show it to the Judge in is chamber.
He said his ‘friends are angry with him on his counseling services for the accused Dr Asim Hussain. He said he had been in Indian jail for two years as prisoner of war.
The accused Dr Asim Hussain also in a statement before the court said he has been subjected to personal vendetta and that he feels his life is under serious threats. NNI
