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KARACHI, Nov 21: The Sindh High Court accepted on Thursday eight writ petitions filed by owners of factories operating on the site of the old fruit and vegetable market (Sabzimandi).
The factories were sealed by the city government following shifting of the Sabzimandi to its new premises and in pursuance of its decision to build a recreational public park on the vacated site. The owners of factories approached the high court against the city government’s action, claiming that they were in possession of their industrial plots as KMC leaseholders for 99 years. The city government had no authority under the law to eject them and seal their concerns in violation of constitutional guarantees.
The plea was accepted by a division bench comprising Justice S. Ahmed Sarwana and Justice Mujibullah Siddiqui, and the petitions were allowed for reasons to be recorded later.
POLL PETITION: The Sindh High court issued notices in another writ petition involving an election dispute. Petitioner Abdul Rahim Thaheem of the PPP submitted that he was defeated by his nearest rival, Mahir Khan, of the PML (F), by a margin of 500 votes on account of massive rigging. Not a single of his voters was allowed to enter five polling stations. The supervisory polling staff was in collusion with his rival. The situation was brought to the notice of the Election Commission and the provincial election commissioner, but neither of them intervened. The EC failed to perform its constitutional duty to ensure a fair election, and the high court was well within its power to direct the Commission to order a repoll as requested by the petitioner.
A division bench, consisting of Chief Justice Sayed Saeed Ashhad and Justice Ghulam Rabbani, issued notices to the EC and the advocate-general for Dec 4.
KESC FINED: Another division bench, composed of Justice Sabihuddin Ahmed and Justice Amir Muslim Hani, fined the KESC Rs20,000 for its failure to comply with the court’s order to produce a consumer’s billing record despite the lapse of six months. The owner of a marble factory had complained against inflated bills, and the court ordered both the petitioner and the Corporation to produce previous bills to determine average consumption. The factory produced the bills received by it, but the KESC failed to submit the record without assigning any reason.
The court fined the Corporation Rs20,000 and ordered it to produce the record within four days.
CAPITAL PUNISHMENT: An anti-terrorism appellate bench of the Sindh High Court allowed on Thursday two appeals and set aside the death sentence awarded to two men by an anti-terrorism court, adds APP.
The bench comprised Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery.
Asif Jameel and Qaiser, convicted accused, preferred the appeals against their conviction and sentence on charges of kidnapping and murdering Sirajuddin, an employee of the KESC and alleged activist of the MQM (Haqiqi).
The trial court, holding them guilty of kidnapping and murder, awarded them death sentence with a fine of Rs100,000 each.
