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October 18, 2001 Thursday Rajab 30, 1422


KARACHI: Hearing of Benazir’s application in PIA case adjourned



By Our Reporter


KARACHI, Oct 17: At the request of Benazir Bhutto’s counsel the Sindh High Court put off on Wednesday the hearing of her quashment of proceedings application against an accountability reference pertaining to appointments in the Pakistan International Airlines Corporation.

When the matter came up before a division bench comprising Justice Ghulam Rabbani and Justice S. A. Rabbani, the counsel for former prime minister, Hafeez Lakho, filed a criminal revision application. As he sought time, the court adjourned the matter which pertains to 1,393 alleged illegal appointments, transfers and postings in PIA.

The petitioner has prayed for setting aside the impugned order of Sept 11 of the trial court and quash the proceedings pending against her in the accountability court-IV in reference No 02/2000.

On Aug 11 the counsel had moved an application for acquittal of Benazir Bhutto in reference No 02/2000 on the ground that continuation of proceedings against her would tantamount to abuse of the process of the court as there was no possibility of conviction of the applicant.

On Sept 11 Judge Mohammed Javed Alam of the accountability court-IV Karachi dismissed the application.

ABDULLAH SHAH: Former secretary Land Utilization Committee Ramesh M. Udeshi and Mohammed Ali have been put on notice in the state’s appeal against a judgment of an accountability court at Karachi in reference No 12/2001 against former chief minister of Sindh, Syed Abdullah Shah, and others.

The appellate bench comprised Justice Ghulam Rabbani and Justice S. A. Rabbani.

On Sept 18 the accountability court-II at Karachi, headed by Judge Riaz Ahmed Phulpoto, had disposed of the reference No 12/2001 when one of the accused, Mohammed Ali, moved an application for plea bargain, and on the basis of purported application the court disposed of the entire reference.

Anwar Tariq, deputy prosecutor-general of the National Accountability Court, filed the appeal in the Sindh High Court praying to set aside the impugned order and remand the case to its original file for trial in accordance with law.

According to the prosecution, accused Abdullah Shah and Ramesh Udeshi illegally allotted state land for 99 years to Mohammed Ali and Iqbal Rasheed for residential, commercial and industrial purpose in violation of law, and ban on allotment, which caused a loss of about Rs2.2 million to the exchequer.

DALIA CASE: The same bench also dismissed the criminal revision appeal of Yunus Dalia for setting aside an order of banking court which had issued his non-bailable warrants in a fraud case involving Rs375.67 million. He was represented by Nooruddin Sarki, advocate.

The other co-accused were Nasir Husain and Tahir Husain, director, National Fibres of Schon Group.

NOTICE TO CAA: The Sindh High Court issued on Wednesday notices to the director-general and other officials of the Civil Aviation Authority, adds APP.

A division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Musheer Alam, was hearing a constitutional petition filed by Azra Swaleh and Mohammed Swaleh alleging that CAA officials, who had the backing of land mafia, were harassing their men, including watchmen.

They maintained that they bought two plots of four acres each in Deh Mehran, Tappo, Malir, near the Jinnah Terminal in 1995.

They prayed the court to order the respondents not to harass their men or interfere with the land in their possession.

After initial arguments, the court issued pre-admission notices to the respondents, including the DG CAA, the Director Airport, QIAP, GM Estate Department CAA, City Survey Superintendent and Home Secretary Sindh for a date to be fixed by the office of the court.

Another division bench of the High Court, consisting of Justice Ghulam Rabbani and Justice S. A. Rabbani, ordered the constitution of a second medical board to examine Khush Mohammed Bhutto, a former officer of the PTCL, convicted and sentenced by an accountability court at Karachi.

The court was hearing a miscellaneous application filed by the applicant/ convict in which he maintained that he needed constant medical care, but so far report from a medical board, constituted on the orders of another division bench of SHC, had not been submitted.

A. Q. Halepota, Ashraf Qazi and Nasir Husain Jafri, appearing for the applicant/convict, said the applicant was in bad health and needed constant care.

After hearing both sides, the court called a report of medical examination of the applicant from the in charge of PNS Shifa, Karachi, and similar reports from the director of Jinnah Postgraduate Medical Centre.

Both the officials were told to submit the report within 10 days. Further hearing of the application is fixed for Oct 30.

Another division bench of the High Court reserved order in a constitutional petition against the Karachi Chamber of Commerce and Industry.

The petition was filed by Gharo, Pipri and Damloti Trade Associations impugning an order of the Director Trade Organizations under which trade bodies were disaffiliated with the KCCI depriving them of the right to vote on a seat reserved for “Town seat.”






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