ISLAMABAD: The Supreme Court on Thursday referred to Chief Justice of Pakistan (CJP) Mian Saqib Nisar for fixing before a three-judge bench an application filed by Pakistan People’s Party (PPP) leader and former petroleum minister Dr Asim Hussain, seeking an early hearing on his pending request to allow him to proceed abroad for cardiac treatment.
Dr Asim’s application was fixed before a two-member Supreme Court bench and on Thursday when the bench took up the application, it pointed out that the matter had to be heard by a three-member bench.
The bench comprising, Justice Mushir Alam and Justice Qazi Faez Isa, referred the matter to the CJP for fixing it before a three-member bench.
In his fresh application moved on August 16 through his senior counsel Sardar Latif Khosa, Dr Asim Hussain who is facing a number of corruption references requested the court to take up the pending matter on August 18 and allow him to proceed to the UK, where he had fixed a doctor’s appointment for August 24.
In his fresh application, Dr Asim stated that the matter merits an urgent hearing by the court on account of the nature of his disease and because the doctors in the UK had given him an appointment for August 24.
“Ends of justice therefore demand that the case be heard before Aug 24,” the application stated, recalling that earlier the matter was adjourned on July 14, with directions to fix it before the bench after a week. However, the case has not been fixed for hearing since then, and in view of the urgency of the matter, it should be taken up on Aug 18, the application requested.
A three-judge Supreme Court bench, headed by Justice Ejaz Afzal Khan, is seized with Dr Asim Hussain’s application seeking permission to travel to the UK for medical treatment, the removal of his name from the Exit Control List (ECL) and the return of his passport.
At the last hearing on July 14, the court had proposed constitution of an independent medical board, consisting of doctors from all provinces, to determine what ails Dr Asim Hussain had developed. But Latif Khosa had opposed the suggestion, saying the court should steer clear of setting a precedent that may prove dangerous in the future, highlighting that Dr Asim Hussain was afflicted by a number of ailments.
The court is also hearing a National Accountability Bureau (NAB) appeal challenging the Sindh High Court’s March 22 order granting Dr Asim Hussain bail in two corruption references. The former minister has reportedly been undergoing treatment for a cardiovascular ailment.
The petition counsel Latif Khosa has pointed out that his client has already been granted bail by the Sindh High Court and anti-terrorism courts.
NAB had been pursuing Dr Asim Hussain on charges that being the former petroleum minister he deprived the state exchequer of Rs462.5bn between 2010 and 2013, Rs450bn through a fertiliser scam, Rs9.5bn through land fraud and Rs3bn through money laundering. Dr Asim was eventually released from prison on March 31, 2017 after undergoing 19 months in detention. He had filed a request before the Sindh High Court for removal of his name from the ECL. However, the plea was rejected on June 5. He then moved to the Supreme Court.
Published in Daily Times, August 25th 2017.
