ISLAMABAD: The court of Special Judge Central Shahrukh Arjumand Saturday reserved its decision on the Federal Investigation Agency’s (FIA’s) application to cancel the bail of Najaf Hameed, brother of former DG ISI Faiz Hameed.
During the hearing, Najaf Hameed appeared in the court along with his lawyer Mian Ali Ashfaq. The FIA prosecutor took the stand that the record belonged to the state and was altered. Even if the matters were settled with the complainant, bail cannot be granted. Najaf Hameed’s custody is required for further investigation. The FIA prosecutor requested that Najaf Hameed’s bail be rejected.
Defense lawyer Mian Ali Ashfaq said that it is a unique case in the history of the law that the investigating officer is the complainant.
The original complainant of the case had given his statement in the court that his matters had been settled. The complainant had also submitted his affidavit in the court. How can the investigating officer be considered a party in the case? The court has directed the DG FIA and the Ministry of Interior to be the investigating officers. Thee status of the complainant cannot change while the FIR is the same. The court had written in its order that the complainant appeared in the court and stated that his case has been settled.
The court order said that the complainant does not want to further pursue the case. If he could not investigate in sixteen years, what will he investigate now, this case is not a case of government land. The FIA has written in the application that they were not aware of the bail, but according to the court order, the Assistant Director Legal was present in the court at the time of bail. The court order also said that the AD Legal opposed the bail. FIA’s application for bail should be dismissed.
The court reserved the decision on the application for bail of Najaf Hameed after the completion of the arguments.
