ISLAMABAD: The top court dismissed the bail plea of Moazzam Ali Khan, co-accused in Dr Imran Farooq murder case on Wednesday, upholding Islamabad High Court’s June 13 order.
The two-judge bench, headed by Justice Asif Saeed Khosa, observed that it would not be appropriate to interfere in the matter as the prosecution had already submitted an interim challan before the trial court.
Deputy Attorney General Sohail Mehmood told the bench that the co-accused was in contact with the alleged murderer through phone calls before and after Dr Farooq’s murder.
In addition, the counsel for Federal Investigation Agency (FIA) submitted that Khan had been an active member of the Muttahida Qaumi Movement (MQM) and resided at Nine Zero, the main hub of the party. He further said that the accused was very ‘near and dear’ to the party chief Altaf Hussain.
Counsel for the accused, Mansoor Afridi, argued that the FIR was registered after a delay of more than five years, adding that his client had in the past provided financial assistance to a number of students studying abroad.
The counsel contended that the high court had legitimised illegal confinement and his client was being victimised because of political rivalry.
He further said that a superior court cannot prolong an investigation for an unlimited period and a criminal case cannot be registered while ignoring the provisions of Criminal Procedure Code (CrPC).
Afridi also argued that the interim charge sheet, submitted before the Anti-Terrorism Court, does not constitute any offence against Khan. The FIA has cited 11 witnesses in the report, he said, and none of the witnesses have anything to disclose in relation to the charges of conspiracy or abetment against Khan. The bench, however, observed that there was no illegality in the high court’s order and rejected the bail plea.