IHC is­sues no­tices to govt in Kazmi’s ap­peal against con­vic­tion

Pakistan Observer - - TWIN CITIES -

ZUBAIR QURESHI ISLAMABAD—The Islamabad High Court is­sued on Wed­nes­day is­sued no­tices to the fed­eral gov­ern­ment in for­mer fed­eral min­is­ter for re­li­gious af­fairs Hamid Saeed Kazmi’s pe­ti­tion chal­leng­ing 16-year life sen­tence by the Judge of Spe­cial Court (Cen­tral) in Hajj Cor­rup­tion case.

Chief Jus­ticeof the IHC, Muham­mad An­war Khan Kasi, is­sued no­tice to the state af­ter hear­ing the ar­gu­ments by Kazmi’s coun­sel. On June 3, Judge Ma­lik Nazir Ah­mad of the spe­cial court cen­tral had awarded 16 years im­pris­on­ment to Kazmi in Hajj cor­rup­tion case. In his ap­peal against the spe­cial judge cen­tral’s de­ci­sion of June 3, Kazmi through his coun­sel Sar­dar La­teef Khosa said that none of the prose­cu­tion wit­nesses had in­sin­u­ated him with any malfea­sance and his con­vic­tion is based on fan­ci­ful, ar­bi­trary, capri­cious and ab­so­lutely con­jec­tural hy­poth­e­sis.

Ac­cord­ing to the prose­cu­tion’s own ver­sion, the ap­pel­lant Kazmi be­ing the min­is­ter had su­per­vi­sory role but had noth­ing to do with the hir­ing of build­ings and mak­ing pay­ments of rents to the build­ing own­ers, yet the trial court pro­ceeded to hold the ap­pel­lant guilty.

The pe­ti­tioner said that the con­clu­sion of the trial court was based on sup­po­si­tions and a con­se­quence of mis­read­ing or non-read­ing of the facts. He said the rent pay­ment of the un­der con­struc­tion build­ing was con­tin­gent upon com­ple­tion and rent amount was re­trieved through checks and no em­bez­zle­ment of funds had taken place. The pe­ti­tioner fur­ther con­tended that this is a case of no ev­i­dence and sen­tence by the trial court is a vi­o­la­tion of his fun­da­men­tal rights. He said not a single prose­cu­tion wit­ness ut­tered any word against the pe­ti­tioner re­gard­ing kick­backs or com­mis­sion and there is no such ev­i­dence on record to prove this of­fence.

The pe­ti­tioner said the role of hir­ing build­ings for pil­grims was to be per­formed by a seven-mem­ber com­mit­tee and the pe­ti­tioner had no role what­so­ever. The pe­ti­tioner said his name was not in the FIR but he was im­pli­cated due to political ri­valry. “The learned trial court while con­vict­ing the pe­ti­tioner seemed to be in­flu­enced by the me­dia trial,” the pe­ti­tioner said.

The pe­ti­tioner has prayed to the court to set aside his sen­tence awarded by the Spe­cial Judge Cen­tral’s court. The IHC reg­is­trar of­fice will fix this mat­ter for hear­ing. IHC Chief Jus­tice An­war Khan Kasi af­ter hear­ing the ar­gu­ments is­sued no­tices to the fed­eral gov­ern­ment and ad­journed the hear­ing till date in of­fice.

Newspapers in English

Newspapers from Pakistan

© PressReader. All rights reserved.