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Former PTI leader Asad Umer gets pre-arrest bail in Cypher case

Prosecution on Thursday didn’t oppose pre-arrest bail application of former PTI leader Asad Umer in cypher case so the Judge of Special Court, set up under the Official Secrets Act in Islamabad accepted bail plea against Rs50,000 surety bond in the matter.

Appearing before the court, Salman Safdar, counsel for Asad Umer contended no incriminating material was on the face of record which connected accused person with commission of offence so the court should accept pre-arrest bail application of Umer.

However, Special Prosecutor Shah Khawar intervened saying the prosecution will not oppose the bail application as no arrest was required in the case. Advocate Babar Awan requested the court to confirm Asad’s bail if FIA did not have any evidence against him.

Judge Abul Hasnat Zulqarnain accepted his plea and announced decision in the court. The judge observed that according to the prosecution, there was no evidence against Asad Umer yet. Asad offered to join investigation but the prosecution did not initiate inquiry.

According to FIA, Asad Umer’s arrest is not required. The judge ordered the FIA to proceed according to the law. If his arrest was required, FIA would inform him before taking action. The Assistant Special Prosecutors intervened and requested to start the hearing at 12 noon. But, Judge Abul Hasnat refused to oblige him and said the court would not follow his wish. The assistant interrupted the judge and argued that Asad had to go to the FIA and it was not the FIA to approach him.

Asad should have submitted the documents and gone to the investigating officer, he added. Judge Abul Hasnat said that the law follows merit. The court would not follow your wishes. If you want to question him, do it in the court room. The court would dispense justice. Asad came to the rostrum and told the court that the FIA summoned him twice, in December last and recently.

He was interrogated for one and two hours, respectively. After questioning him, the FIA declared that he had no role the cypher case, the leader continued. He termed the case against him political victimization. The judge turned down prosecution’s request for adjournment and said he would decide bails of Asad Umer, PTI Chairman and Shah Mehmood Qureshi today.

“File as many applications you want, I will announce the decisions on all the requests today.” The Assistant Special Prosecutor then requested that the arguments on the three bails be heard together. The judge said that two bails and one pre-arrest petitions would be heard separately. He asked the prosecutor if Asad has no role in the case, why he was nominated in the case. “Why is Asad Umer’s bail application being opposed? Give a solid reason. There will be no compromise on the bail application,” the judged said.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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