KARACHI, Nov 29: A division bench of the High Court of Sindh, comprising Justice Zahid Kurban Alavi and Justice Mujeebullah Siddiqui, dismissed on Thursday a constitutional petition filed by seven superintending and executive engineers of the Sindh irrigation department.
Arshad Ahmed Khawaja, SE, Western Circle, Ghulam Mohammed Memon EE Drainage Division, LBOD Nawabshah, Aftab Ahmed Abro EE Southern Dadu Division, Illahi Bux Maitlo EE Kandhkot, Kashmore, Madanlal EE Sukkur, Jan Mohammed Soomro SE Pinary Canal and Amir Buksh Kushk EE Nasrat Division, Nawabshah, moved the court against a showcause notice issued to them by the chief secretary.
Counsel for the petitioners submitted before the court that the action was mala fide as only minor censure were recorded against the petitioners and these minor penalties could not become a cause for a major penalty by way of compulsory retirement of the petitioners. He cited a number of case laws from the Supreme Court jurisdiction and prayed the court to declare the section 13 of Sindh Civil Servants Act of 1973 unconstitutional and also the guidelines issued by the chief secretary which formed the basis of the impugned showcause notice.
In reply to the petitioner’s counsel, an assistant advocate-general objected to the jurisdiction of the SHC to hear the petition as it pertained to service matter. The AAG also contested the petition on merit.
After hearing both the sides, the court dismissed the petition holding that the “action by the chief secretary was well within the law and the CS is competent to issue such notice (s).”
The court also referred to the reasons mentioned in each of the showcause notice, and said the CS had also considered that the petitioners had completed 25 years of service.
The court however said in its judgment that the “petitioners can reply the show cause and contest the matter.” They shall wait for the final outcome after which if they still felt to be aggrieved, then they could move the appropriate forum.”
NOTICE: An anti-terrorism appellate bench of the Sindh High Court issued notice for Dec 11 to Shaikh Mohammed Amjad while hearing his jail appeal challenging the death sentence awarded by the anti-terrorism court-III Karachi on charges of kidnapping and killing a young lawyer, Barrister Shakir Latif.
The bench, comprising Justice Ghulam Nabi Soomro and Justice Ataur Rahman, also admitted an application for regular hearing filed by the appellant’s wife Nabeela Amjad challenging the order of confiscation of her car (ABG-765) by the trial court, with the main appeal, and adjourned the hearing to Dec 11.
On Nov 13, the same bench of the SHC gave two weeks’ time to Shaikh Amjad to engage a lawyer and adjourned the hearing for date in office.
On Oct 3, Judge Arshad Noor Khan of the ATC-III awarded death sentence on two counts to Shaikh Amjad with a fine of Rs200,000.
According to the prosecution, on Aug 4 complainant Fazalur Rahman lodged an FIR at Civil Lines police station that Shaikh Amjad kidnapped his son Shakir Latif on July 29 at Marriott Hotel and subsequently killed him by giving poisonous juice.
Later, the accused contacted the complainant by phone and demanded Rs20 million as ransom. On negotiation, the accused reduced his demand to Rs2.5m. The CPLC and police traced his phone call and on Aug 4 arrested him when he was calling to the dead man’s father from a telephone booth in Saddar area. On a lead given by him police recovered the body of Shakir Latif from the trunk of his own car parked in a rented house in Defence Housing Authority. He confessed that he killed Shakir on July 29 by giving poisonous juice.
REMAND EXTENDED: Justice Shabbir Ahmed of the Sindh High Court, who is also the administrative judge for the anti-terrorism courts Karachi, extended the remand till Dec 1 of an alleged activist of a banned militant outfit, Sipah-i-Mohammed Pakistan, Qasim Ali Zaidi, involved in several killings of a sectarian nature to the Site police Karachi.
The court directed the investigation officer of the case to submit the challan of the accused till the next date.
According to the prosecution, police arrested the accused on Nov 19. During initial interrogation, the accused disclosed his involvement in four killing cases. In 2000, the accused, along with his other accomplices, fired on a rally of the Sipah-i-Sahaba Pakistan in the limits of Site police in Karachi resulting in the death of two persons and injuries to 10 others. —APP/PPI
