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KARACHI, March 21: The Sindh High Court suspended on Thursday the Karachi City District Government’s impugned order restraining a petitioner from holding Juma bazaar on his own commercial plot. A division bench, comprising Justice Sabihuddin Ahmed and Justice Ali Aslam Jaferi, passed the order when a constitutional petition of Jabir Moti came up. The district coordination officer and other officials were made respondents in the matter.
The petitioner’s counsel, Mohammed Anwar Tariq, had contended that the respondents were not authorized to restrain the petitioner from holding Juma bazaar on his own commercial plot under a valid licence from the Directorate General of the Bureau of Supply and Prices.
The court held that his contention required consideration, therefore the petition was admitted for hearing.
The court, in its order, observed that Manzoor Ahmed, counsel for the DCO, the city government, and Syed Muzaffar Imam, representing other respondents, were “unable to refer any law empowering the respondents to restrain the petitioner from holding Juma Bazaar and as such restraint prima facie amounted to invasion of the petitioner’s right to carry on a lawful business.”
The court, therefore, suspended the operation of the impugned order till final disposal of the petition and fixed the matter for regular hearing on April 23.
SPORTS COMPLEX: Justice Zahid Kurban Alavi of the SHC adjourned on Wednesday the hearing of a suit filed by Malik Javed, arguing that a receiver be appointed in respect of lawns 4 & 5 and swimming pool of the KMC Sport Complex in Kashmir Road.
The petitioner’s contention was that the authorities were manoeuvring to hand over those properties to a person of their own choice for marriage parties and catering services.
Syed Sami Ahmed, representing the plaintiff, drew the attention of the court to an order that was passed by consent in an earlier suit wherein the then KMC had given a clear undertaking to the High Court that until the disposal of the suit no third party interest would be created.
The plaintiff contended that he had invested more than Rs10 million. But the KMC declared that the above-mentioned properties belonged to the KMC which would be let out to anyone. In view of that the plaintiff filed a suit, claiming damages worth more than Rs57 million.
Counsel Sami Ahmed contended that the latest manoeuvring on the part of the KMC (or the authorities concerned) was a clear violation of the High Court order in suit No 1028/96 dated March 9, 1998.
He argued that in view of the consent order Justice Zahid Kurban Alavi passed the order on March 11, 2002 whereby the KMC and others were restrained from creating a third-party interest and, at the same time, issued a notice to them to appear in court on March 20.
His contention was that as soon as this order was passed, the KMC (the authorities concerned) tried to change the nature and character of these properties. The result was that on March 12 another application was moved. The court issued a notice on March 13, but the KMC counsel, Yasin Kyani, expressed his inability to file any counter-affidavit as it was his last day and he was going to retire.
Justice Alvi, nevertheless, gave the KMC (the authorities concerned) a week’s time to file a counter-affidavit. When the matter came up On Thursday no one appeared on behalf of the KMC (or the authorities concerned).
NOTICE: Another division bench put National Bank and others on notice and ordered maintenance of status quo on a constitutional petition filed by M. A. Jaleel and 27 others.
Islam Husain, appearing for the petitioners, contended that almost in all the petitions filed before Lahore and Sindh High Courts it had been held that that circulars issued by the CBR for deduction of income tax at source was illegal and the amount of income tax so deducted being a Capital Receipt was not taxable.
