Islamabad (Ehsan Bukhari Special Reporter):
Special Judge Central Shah Rukh Arjumand heard the Federal Investigation Agency’s (FIA) application seeking cancellation of bail of Najaf Hameed, brother of former DG ISI Faiz Hameed. Najaf Hameed appeared before the court along with his counsel, Advocate Mian Ali Ashfaq.
During the hearing, the FIA prosecutor contended that the case involved state record which had been tampered with, and argued that bail could not be granted even if matters had been settled with the complainant. The prosecutor further maintained that Najaf Hameed’s physical remand was required for further investigation, and therefore requested cancellation of his bail.
On the other hand, Advocate Mian Ali Ashfaq argued that this was a unique case in legal history where the investigating officer himself had become the complainant. He stated that the original complainant had appeared before the court and recorded a statement that the matter had been settled, and had also submitted a sworn affidavit to that effect.
The defence counsel questioned how the investigating officer could be treated as a party to the case, while the FIR remained the same and the status of the complainant could not be altered. He requested the court to write to the Director General FIA and the Ministry of Interior for action against the investigating officer.
Advocate Mian Ali Ashfaq further submitted that the court, in its earlier order, had clearly recorded that the complainant had stated before the court that he did not wish to pursue the case any further. He argued that if the investigation could not be completed in sixteen years, there was little left to investigate now, adding that the case did not involve any government land.
Objecting to the FIA’s application, the defence counsel said the FIA had claimed it was unaware of the grant of bail, whereas the court order showed that the Assistant Director Legal was present in court at the time and had opposed the bail.
At the conclusion of arguments, the defence requested dismissal of the FIA’s application for cancellation of bail. After hearing arguments from both sides, the court reserved its verdict on the FIA’s plea seeking cancellation of Najaf Hameed’s bail.