KARACHI, Nov 8: The Chief Justice of the Sindh High Court directed on Thursday the office to fix more cases for regular hearing and give them precedence over cases meant for pre-admission hearing.
He made the observation when three appeals filed by the state against a local general trading company, Abdullah Traders, and other respondents came up for hearing.
The state had appealed against a judgment given by the then judge, Justice Rashid A. Razvi, in a suit for recovery (payment of earnest money) filed by Abdullah Traders.
It is the case of the state that the defendants failed in fulfilling the terms and conditions of the contract awarded to them for lifting of sugar from the respondent, Fauji Sugar Mills.
After hearing both the sides, the court put off the matter till Nov 14.
ATA APPEAL: The counsel for the convicted appellant in the murder of three brothers concluded his arguments before a division bench comprising Justice Ghulam Nabi Soomro and Justice Ataur Rahman.
Abdul Waheed Katpar represented appellant Ali Nawaz Khoso, who was sentenced to death by an anti-terrorism court at Karachi.
The case was first tried by a military trial court and later by an ATC which convicted the accused and sentenced him to death.
Mr Katpar, counsel for the appellant, said according to the prosecution the alleged incident occurred on August 23, 1998, and he was arrested on October 30, 1998 without identification parade before a judicial officer while both the complainant and the injured of the incident were available.
The court then put off further hearing till Nov 13 when Assistant Advocate- General Sindh Habib Ahmed has been asked by the bench to address the court.
Notice to police: The Sindh High Court put on Thursday the SSP Karachi Central, Shoukat Ali, on notice to appear in person in the court on Nov 12 on a matter pertaining to illegal detention.
A division bench, comprising Justice Ghulam Nabi Soomro and Justice Ataur Rahman, was hearing a constitutional petition filed by Ms Nighat Sultan challenging the illegal detention of her father-in-law, Mohammed Anwar, and brother-in-law Ejaz Anwar by the North Nazimabad police.
The petitioner’s counsel submitted that on Oct 27 a police party, comprising Inspector Jan Mohammed, SI Hakim, SI Jehanzeb, lady constable Samina and others, raided her house situated in Block-M of North Nazimabad and took away her mother-in-law, Sughran.
The same police party also raided a house in Islam Nagar in Mominabad area and picked up Mohammed Anwar and Ejaz and detained them in North Nazimabad police station alleging that they were involved in the murder of Shakeel.
The counsel contended that the petitioner went to the court of IV Judicial Magistrate Karachi Central on Oct 28 and 30, but police failed to produce the detainees in the court. He stated that police never produced the detainees in any court. However, on Nov 1 police officials released Ms Sughran by taking bribe.
The petitioner approached senior police officials, including the SSP Karachi Central, but to no avail.
ACQUITTED: An appellate bench of the Sindh High Court set aside the conviction of Ahmed who was sentenced to three years’ rigorous imprisonment by a Special Court for Control of Narcotic Substances at Hyderabad on a charge of drug trafficking.
The bench, comprising Justice Ghulam Nabi Soomro and Justice Ataur Rahman, passed the order after hearing the contention of the appellant’s counsel, Ali Gohar Soomro. The court will record detailed reasons for acquittal later.
The appellant’s counsel argued that the excise police arrested his client. He contended that the excise police had no authority to register the case under Section 9 of the Narcotic Substance Control Act of 1997.
On May 18, 1999 the Special Court at Hyderabad sentenced Ahmed to three years’ RI with a fine of Rs30,000.
According to the prosecution, on August 28, 1998 excise inspector Mohammed Jumman, during patrolling, arrested Ahmed and recovered 520 grams of charas from his possession. Later, police submitted challan of the case in the Special Court at Hyderabad.—PPI
