ISLAMABAD: The top
court on Wednesday issued a notice to Federal Investigation Agency (FIA) in a bail plea filed by former fed
eral minister Hamid S
aeed Kazmi, who is in jail over alleged corrup
tion in Hajj schemes. The top
court also directed jail authorities to submit the record of the former minister.
Religious scholar and former religious minister Hamid S
aeed Kazmi had approached the top
court against the rejection of bail plea by the Islamabad High Court (IHC) in the Hajj corruption case. On July 4 this year, an IHC single bench comprising Chief Justice Mohammad Anwar Khan Kasi dismissed a petitioner’s bail application ruling that the applicant had not yet undergone a substantive portion of the sentence.
Sardar Latif Khosa, counsel for Kazmi, appeared before a two-judge bench headed by Justice Ejaz Afzal. He informed the
court that former fed
eral minister and religious scholar Hamid S
aeed Kazmi is not accused of corruption but of abuse his powers. He argued that his client had served out the sentence of more than 3 years out of the total sentence of 6 years in one conviction awarded to him by the trial court.
The petition filed under Article 185 (3) further contended that the observation of IHC that the petitioner had not yet undergone a substantive portion of his sentence was factually
and legally incorrect because the petitioner has served out more than half of the sentence awarded to him by the trial court. The petition stated that on this ground alone, the petitioner could be allowed bail by suspension of operation of sentence because if ultimately the petitioner is acquitted by the IHC, no reparation could be offered for the sentence, agony and mental torture of the petitioner suffered in the jail for years.
Khosa submitted that the order of IHC was against the law and a result of misreading of the record, which needs to be set aside by this apex court. He prayed before the top
court to grant leave to appeal against the judgment passed by IHC, wherein it had dismissed bail application of Kazmi in the Hajj corruption case.
The top court, however, while issuing notices adjourned the hearing for two weeks.
Currently, the former fed
eral minister Hamid S
aeed Kazmi is serving two convictions, each comprising six years under Section 409/34 of Pakistan Penal Code and under Section 5(2)47 of Prevention of Corruption Act, 1947 respectively at Adiala Jail.
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