Daily Times

KARACHI: Dr Asim Hussain, Pakistan Peoples Party (PPP) leader and close aide of former president Asif Ali Zardari, is expected to be released from jail today as the Sindh High Court approved bail for him in two more cases on Wednesday.

Justice Aftab Ahmed Gorar, the referee judge appointed to decide the bail plea of Dr Asim after a two-judge bench had issued a split order, announced his verdict siding with Justice Muhammad Karim Khan Agha who had granted bail to the PPP leader on medical grounds.

Justice Agha granted bail to Dr Asim subject to furnishing a surety of Rs 2.5 million in each case and a bond of the same amount to the satisfaction of the court nazir. The judge further directed the applicant to deposit his original passport with the nazir and restrained the interior ministry from issuing him a fresh passport until further orders. His name was also ordered to be placed on the Exit Control List.

Dr Asim is facing two corruption references for allegedly depriving the public exchequer of Rs 462 million by misusing his authority to get land allotted illegally, encroaching upon the state land for expansion of Dr Ziauddin Hospital, money laundering and receiving kickbacks.

The PPP leader, who has been behind bars since Aug 08, 2015, had approached the high court seeking bail in the two cases. However, he had already been granted bail in a case related to treatment of suspected terrorists at his hospitals.

The SHC Chief Justice had appointed Justice Gorar as a referee judge to decide the matter after the two-member bench comprising of Justice Muhammad Farooq Shah and Muhammad Karim Khan Agha issued a split order, deferring from each other in their decisions.

Justice Agha while approving the bail for Dr Asim observed that the ailment which the petitioner is suffering from is such that cannot be properly treated within the premises of jail and some specialized treatment is needed. His continued detention in jail was likely to affect his capacity and was hazardous to his life.

The right to life in particular has been expanded in recent times by the courts to adapt to the changing needs of society, the judge observed. While citing one of the present cases in which even charge was not framed yet, he said that the NAB cases in which multiple accused are involved usually take exceedingly long time to be decided.

Justice Agha said that allowing someone to remain confined for long years despite the fact that confinement was hazardous for his life as proper and adequate treatment was not available in jail lead him to being permanently physically or mentally impaired. “Moreover, if he is exonerated of the charge after the years of confinement he is released after undergoing punishment”, Justice Agha added.

However, Justice Shah rejected the bail applications, observing that the prosecution indeed has succeeded in establishing a case of dismissal of the bail under the relevant provision of National Accountability Ordinance 1999 and within ambits of Section 497(i) CrPC. “The applicant being a senior doctor provided excellent treatment and hospitalization on recommendation of medical board”, Justice Shah noted.

The judge observed “Perusal of the record revealed that the offence committed by the accused person was a crime against the society as a whole in connection with the public offices and he is not involved in an ordinary criminal matter and his case was the exception as prima facie there is material on record to connect him with the commission of offences.”

Dr Asim’s counsel, Barrister Latif Khosa, had contended that the life of his client would be in danger if he was not released on medical grounds and requested the court to grant him bail. All other arrested accused had been given the same concession, he added.

On the other hand, the National Accountability Bureau (NAB)’s lawyer vehemently opposed the bail applications, arguing that the PPP leader did not make a case for bail on medical grounds since he was admitted to a hospital where he was being provided proper treatment. He requested the judge to dismiss the bail applications.

A NAB reference alleged that Dr Asim misused his authority to get allotted land illegally, encroached upon the state land for expansion of Dr Ziauddin Hospital. He was also involved in money laundering and receiving kickbacks.

Other accused who are facing charges are former petroleum secretary Muhammad Ejaz Chaudhry, administrator of Ziauddin Medical Centre, Dubai Abdul Hameed, former directors of the Karachi Development Authority Syed Athar Hussain and Masod Haider and Karachi Dock Labour Board’s former chief executive officer Safdar Hussain.

Dr Asim Hussain is also facing another reference for illegally awarding multi-billion gas processing contracts to Jamshoro Joint Venture Limited and thus embezzling Rs 17 billion.

According to the NAB, the accused allowed the JJVL to process gas at different gas fields without conducting an open auction, signing agreements and memorandums of understanding as required by law, thus causing a loss of Rs 17.4 billion to the national exchequer.

Other accused included SSGC managing director Khalid Rehman and former officials Zuhair Siddiqui, Azeem Iqbal, Shoaib Warsi, Yusuf Jamil Ansari and Malik Usman, OGDCL former managing director Basharat Mirza and official, Zahid Bakhtiar and JJVL chief executive officer, Iqbal Z Ahmed.

Meanwhile, an anti-terrorism court issued orders for the release of Dr Asim in a case pertaining to the alleged sheltering and treatment of suspected terrorists at his hospitals.

Earlier on Nov 1, the high court had approved bail for Dr Asim, against a surety of Rs 500,000.

Dr Asim was accused of treating and providing shelter to suspected terrorists belonging to Muttahida Qaumi Movement (MQM) and Lyari gangsters at his private hospitals.

However, it was alleged that he did all this at the request of some politicians, including Karachi mayor Waseem Akhtar, MQM leader Rauf Siddiqui and Abdul Qadir Patel of the Pakistan Peoples Party, and Anis Qaimkhani of Pak Sarzameen Party.