Doctor brothers' transfer plea fixed for January 13

Justice Wahid Bux Brohi of Sindh High Court (SHC) on Tuesday ordered fixing of a criminal transfer application moved by Dr Akmal Waheed and Dr Arshad Waheed before the SHC chief justice on January 13, 2005. Both doctor brothers alleged to be supporters of al Qaeda and other terrorist outfits, and are being tried before Anti Terrorism Court (ATC-II) for Karachi division headed by Judge Feroz Mehmood Bhatti.
When the matter came up for hearing before the bench, Sindh Advocate General Anwar Mansoor Khan representing the state drew the attention of the court towards section 26, sub-clause viii of the Anti-Terrorism Act, 1997 amended on January 31, 2002.
The Sindh AG opposed the stay granted by pusine judge, Justice Sabihuddin Ahmed, saying that under section 26, the application could only be placed before SHC chief justice.
He requested the court to vacate the stay by which trial court was restrained from announcing judgement against the accused.
Anwar Mansoor Khan opposing the restraint order, said that case was already delayed. When asked by the bench about ground for application, he said: "Justice hurried is justice buried" was the sole reason agitated by the applicants.
Every tactic was played to delay the proceedings, he said, adding that adjournment was sought on every second date of hearing. "Justice delayed is justice denied", said AG Sindh.
When asked that what is the stage of trial, the AG Sindh said that four or five witnesses are to be examined.
Advocate Mohammad Farooq appearing for the applicants disputed the stage of trial, and said that only Investigating Officer is to be examined.
He objected to the request by the AG Sindh, and submitted that the application was moved under section 326 of CrPC. He requested the court to adjourn the matter and also order for continuation of order of restraint.
The bench, however, declined the request for continuation of order of restraint while adjourning the matter. The bench also ordered fixing of the application before the Sindh chief justice on January 13.
Both doctor brothers were booked by Gulshan-e-Iqbal Police on charge of harbouring, treating, organising training for terrorists and financial support to terrorist out fits.