KARACHI, Sept 3: A single bench of the Sindh High Court comprising of Justice Shabbir Ahmed on Monday ordered the issuance of non-bailable warrants against Nazim-i-Ala Karachi, Mr Naimatullah Khan. The order was passed in one of the oldest suit’s — pertaining to the year 1971 — pending before the high court.
The suit was filed by the late Saifuddin Abbas Bhai, whose legal heirs are now represented by counsel Juzer Qurban Ali Pishori against Zainuddin Salhe Bhai, represented by counsel Afzal Nabi.
The dispute pertains to a factory situated at plot no. NJ/15, having a covered area of approximately 10,000 square yards, in respect of which a decree was passed in 1975. However, the case is entangled in a cobweb of litigation and as such, to safeguard the interest of its legal owners, its possession was handed over to the receiver, Mr Hamid Hussain, appointed by the high court.
The land falls in the area of the old Sabzimandi, where the city government apparently plans to acquire even the leased out/auctioned plots to enable the Pakistan Army to develop a central park.
The city government had assured that they would acquire these plots in the larger interest of the greener city plan for the central park by offering the owners alternative plots. However, the modus operandi of acquiring the plots by the city government is to grab the same arbitrarily and with impunity, and by trampling over the inalienable rights of the citizens on their private properties.
The factory premises have also been forcibly taken over by the personnel of the army. The receiver appointed by the court duly moved a reference in the court, upon which notices were issued to the concerned personnel of Pakistan Army, as well as to the nazim-i-ala for their reply. On an earlier date of the hearing, Federal Counsel Mr S. Tariq Ali had obtained time for submitting his detailed report on behalf of the federal government, which was not done. Despite several notices, the nazim has also been continuously disregarding the process of the court.
Taking cognizance of this deplorable state of affairs, the single bench of the high court has ordered issuance of an NBW against the nazim-i-ala for his personal appearance on the next date, which is fixed as September 10.
Asif’s petition: The full bench of the Sindh High Court comprising of Justice S. Ahmed Sarwana, Justice Zahid Kurban Alavi, and Justice Shabbir Ahmed reassembled to hear the constitution petition filed by ex-senator Asif Ali Zardari through his counsel K. M. Nadeem, challenging the vires of the Ehtesab Act (since repealed) on the constitutional plane.
The challenge comprised of the grounds of ultra vires, conflict with fundamental rights and colourable abuse of authority amounting to transgression of constitutional powers where the petitioner is singled out for prosecution on fake charges of corruption.
