Daily Times

ISLAMABAD: The Supreme Court on Thursday adjourned the hearing of former opposition leader in the National Assembly and Pakistan Peoples Party (PPP) leader Syed Khursheed Ahmed Shah’s post-arrest bail plea till Friday.

A three-member SC bench comprising Justice Mushir Alam, Justice Sardar Tariq Masood, and Justice Amin-Ud-Din Khan heard the case.

During the course of proceedings, Advocate Makhdoom Ali Shah, counsel for Syed Khursheed Ahmed Shah, while continuing his arguments, said that the NAB closed its inquiry against his client in 2014. All the statements of Khursheed Shah, including income tax, were on record, he added.

Justice Sardar Tariq asked how many foreign trips did Khurshid Shah’s family? According to NAB, 140 foreign visits had been made, he added.

The counsel said that travel expenses and details were not part of the reference. The NAB did not allege travel expenses in the reference as not a single word related to travel expenses was part of the reference, he added.

Justice Tariq asked what about the autonomy of family members?

The counsel replied that the dependence of family members was clear in the tax returns.

He said that many accused were granted bail due to delay in the trial in NAB cases. Lifelong trials were by no means appropriate, he added.

Justice Tariq said that the issue of delay in a trial in the present case had not been raised in the high court. The accused were also responsible for delays in decisions, he added.

He asked how the case would proceed if each accused sought adjournment at every hearing? The court announced the decision after reviewing every aspect, he added.

He asked the point which was not raised in the high court, could the Supreme Court take action on it?

The counsel said that the Supreme Court could see the facts itself.

Justice Tariq said that Khursheed Shah should not close the door of the high court for himself. The court may not consider the point of delay in the decision, he added.

The counsel said that the Supreme Court had ruled in the Ishaq Dar case that bail could not be granted based on delay in trial alone.

He said that the apex court had made it clear that the Supreme Court could not hear the point which was not raised in the high court.

Justice Alam asked when was the reference filed and when was the arrest made?

The counsel replied that the reference was filed on November 18, 2019, and he was arrested on September 18, 2019.

He asked when his client approached the high court. Only 30 days had passed since his arrest. He asked how could there be bail on hardship?

Justice Tariq said that the court could refer the case to the high court. He asked the counsel to raise the issue of delay in trial, merit, and hardship in the high court. If the high court did not grant bail, then he could challenge the high court order in SC.

The counsel said that he needed time to consult his client.

Makhdoom Ali Khan sought time to withdraw the petition and said he would inform about withdrawing the application after consultation.

The court also adjourned the pre-arrest bail of Khurshid Shah’s son till tomorrow. Hearing on seeing cancellation of bail of Khursheed Shah’s wives would be held later.