Karachi: Malik Riaz’s protective bail extended
KARACHI: The Sindh High Court on Wednesday extended for 15 days the pre–arrest bail granted to Malik Riaz Hussain, a real estate tycoon, who was earlier given protective bail for one month in a Bahria Town corruption case. A single bench headed by Justice Syed Hasan Azhar Rizvi extended the protective bail for further two weeks up to Aug 30 on medical grounds. His counsel, Advocate Shaukat Hayat, submitted that his client was given protective bail on July 19 up to Aug 15 by the SHC that directed him to appear before the trial court within the given time. He said that Malik Riaz was 65 years old and suffered from a cardiac problem with severe backache. The counsel submitted that the real estate tycoon was taken to the Aga Khan University Hospital where he was admitted on Aug 13 in view of his deteriorating health conditions.
He also attached to the bail application a certificate issued to his client by Prof Dr Syed Ather Enam.
The doctor in his certificate stated that Mr Riaz was admitted to the AKUH under his care for the problem of medically intractable acute back pain symptoms. “He is also suffering from prostate problems with urinary retention and cardiac issues.
Current plan at admission is to diagnose and treat his back pain and sciatica and to seek medical consults for prostate/urinary retention and cardiac issues,” the doctor said.
Advocate Hayat also filed an application seeking dispensation with the personal appearance of his client submitting that his client was not able to attend a court hearing.
The bench granting the application ordered: “In view of the submission made by the learned counsel for the applicant, the protective bail granted to the applicant vide order dated 19–7–2012 is extended for further fifteen days upto 30–8–2012 on the same terms and conditions”.
The real estate tycoon moved the SHC seeking protective bail after the anti-corruption judge of Rawalpindi had issued non–bailable warrants for his arrest.
The bench gave him bail in the sum of Rs1 million and directed him to appear before the trial court within one month.
Advocate Hayat contended that his client was not named initially in the FIR registered by the anti–corruption establishment (ACE). Neither was his client shown as an accused in the first charge-sheet submitted by the investigation agency in Oct 2011 in the trial court.
He said that six accused persons — Adnan B. Kiyani, sub–tehsildar, Muhammad Hussain, Nazir Hussain, Rizwan Iqbal (patwari), retired Colonel Akhtar Saeed and Muhammed Iqbal — were charge-sheeted for selling 1,411 kanals to the Bahria Town by forgery in fictitious names.
However, he submitted, later the Rawalpindi bench of the Lahore High Court directed the ACE to re-investigate the case on the application of one of the accused persons and subsequently 16 persons, including Malik Riaz, were shown accused in the charge-sheet.
The counsel stated that his client joined the course of investigation and explained his innocence in the offence, but the investigation officer recommended his name for judicial action without showing any iota of material against his client.
He said the applicant learnt about the issuance of the non–bailable warrant against him on July 18 through the media.
He said that his client was continuously subjected to harassment and political victimisation under the influence of a local member of the national assembly, who was opposing the Bahria Town projects since its beginning as hundreds of thousands of members of the project were the voters in the constituency who were being treated as political opponents.
Advocate Hiyat stated that Mr Riaz was in Karachi for his business engagements and he wished to approach the trial court or the high court in Rawalpindi for the purpose of bail and defence.