IHC upholds cancellation of bail to two accused in Illegal organ transplant case

ISLAMABAD, Aug 07 (APP): The Islamabad High Court (IHC) has upheld the Sessions Court’s decision to cancel the bail granted to two accused, Dr Nadir Hussain and Syed Adil Haider, in a case pertaining to illegal human organ transplantation and dismissed their petitions seeking restoration of bail.

Justice Muhammad Azam Khan announced the decision on petitions filed by Dr Nadir Hussain and Syed Adil Haider, both associated with a private hospital.

A Judicial Magistrate had granted bail to the accused on June 9, which was subsequently cancelled by an Additional Sessions Judge on an appeal filed by the Federal Investigation Agency (FIA) on July 20. The High Court has now upheld the cancellation.

In its detailed judgment, the court observed that the Judicial Magistrate’s June 9, order granting bail was prima facie illegal and erroneous and suffered from a jurisdictional defect, involving misinterpretation of law and facts.

The court held that the Additional Sessions Judge had correctly cancelled the bail after recording reasonable and lawful grounds, adding that the order was in accordance with the principles laid down by the Supreme Court regarding cancellation of bail.

The court noted that the judicial precedents relied upon by the petitioners were distinguishable from the facts of the present case.

According to the judgment, the record included a transfer of Rs2 million into Dr Nadir Hussain’s account as well as statements recorded under Section 164 of the Code of Criminal Procedure.

Dr Nadir Hussain was working as coordinator of the kidney transplant programme at a private hospital and was also serving as a urologist and visiting surgeon. He has been accused of conducting illegal kidney transplant operations.

Syed Adil Haider has been accused of acting as a facilitator and agent in illegal human organ transplantation.

The High Court further observed that the FIA had full legal authority to investigate the case under the Human Organ Transplantation Act.

The court directed the trial court to proceed with the case against the accused in accordance with law and decide it on merit within the period prescribed under the law.