A division bench of High Court of Sindh (SHC) comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery on Thursday dismissed a criminal miscellaneous application filed by Asif Ali Zardari, accused in Justice Nizam and Nadeem Ahmed murder case.
Farooq H Naek and Akhtar Hussain advocate filed the application against an order of a subordinate court, which dismissed their plea to keep Zardari at Karachi for treatment at Ziauddin Medical University Hospital.
They maintained that a medical board was constituted at an application moved by Special Public Prosecutor Maula Bux Bhatti and a report recommended continuous treatment of accused/applicant for eight weeks at a local hospital.
When the application came up for hearing, counsel for the petitioner sought that the stay order be extended so that medical treatment to the accused/applicant may continue unabated. Assistant Advocate General (AAG) Habib Ahmed opposed the application and said that the applicant has remained at the Ziauddin Hospital and had received treatment known as "Hydro Therapy" and thus the application has served its purpose.
He also raised the technical ground that the applicant counsel instead of filing a criminal revision application filed a criminal miscellaneous application.
The court is not here to hear such issues but is for speedy justice, the AAG said.
The court going through the documents on record, application and counter-reply by the state observed that instead of perusing such applications, it would be a better course for the applicant's counsel to move trial courts to condone the attendance of the accused so that the trial against him be proceeded swiftly.
The bench with this observation disposed of the application directing the trial court to decide the application perusing report of the medical board according to law.
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