KARACHI, Dec 19: The Sindh High Court has withdrawn restrictions placed on the management and control of the Institute of Behavioral Sciences by the Pakistan Association of Mental Health (PAMH) and its president and IBS executive director, Dr S. Haroon Ahmed, pending disposal of a suit against them.
An ex-parte interim order restraining the PAMH and Dr Haroon Ahmed was passed on a plaint filed by Dr A. Q. Khan claiming to be IBS patron by Justice Zia Perwez on Dec 11 subject to notices to the two defendants for Dec 18.
The defendants submitted their counter-affidavits through their counsel, Advocates Kazim Hassan and Akhtar Hussain, and vehemently contested the averments made in the plaint and the application for temporary injunction.
They asserted that an institution sponsored, founded, financed and maintained by public-spirited professionals and concerned citizens in the interest of suffering humanity had been seized by non-professionals by use of brute physical force. They were now out to abuse the process of law to perpetuate their unlawful occupation.
The suit and the stay plea came up before Justice Zahid Kurban Alavi on Wednesday afternoon and following a brief hearing he decided to finally adjudicate the matter on Dec 24 after detailed arguments by the two sides.
In response to a plea by the plaintiff’s counsel, Advocate Muhammad Farogh Nasim, Justice Alavi observed that he saw no reason why the interim stay granted in his favour, which was due to expire on Wednesday, should be extended. The order vacating the stay was, however, written and signed late in the evening and was available on Thursday.
Dealing with the stay extension plea, Justice Alavi said in his order: “I asked the counsel for the plaintiff to show me on what ground this restriction (on the defendants from interfering in IBS affairs) should continue. I further asked him as to whether the suit was filed in the personal capacity of the plaintiff or in his capacity as chairman/patron of the IBS board of governors. No satisfactory reply has been given.”
Justice Alavi noted that the IBS board of governors was “constituted and comprised eminent members of the society.” Its chairman is Justice Nasir Aslam Zahid and among the distinguished members is a sitting judge of the Sindh High Court (Justice Mushir Alam).
“Under the circumstances,” the judge said in his order,”it is rather difficult to appreciate at this juncture that the board of governors would not know what is going on.” Describing the stay extension plea as “very general and vague,” he ruled that the interim order granted earlier does not require any further extension.
APPEAL ADMITTED: The appellate bench of the Sindh High Court on Thursday admitted for regular hearing an appeal of four accused, sentenced by an Anti-Terrorism Court, adds APP.
The bench comprised Justice Wahid Bukhsh Brohi and Justice Rahmat Hussain Jaffery.
The accused — Deputy Medical Superintendent Dr Khalid Moin, Saleem Tanoli, Saleem Khan and Altaf Hussain — had been awarded life imprisonment by the ATC for kidnapping a businessman for ransom.
The next date of hearing would be notified by the court in office.
