KARACHI, Jan 7: A division bench of the Sindh High Court dismissed on Tuesday a petition of MNA Mahmood Ahmed Qureshi of the Mohajir Qaumi Movement against the sealing of party headquarters Bait-ul-Hamza, and asked him to resort to appropriate remedies available under the law.
The bench comprised Justice Sabihuddin Ahmed and Justice Amir Hani Muslim.
However, the court observed “with great deal of regret” that even the magistrate did not appear to be conscious of her responsibilities under section 145 of CrPC and an order passed by her on an application of the SHO and her letter of the same date only related to interim measures of sealing property without there being anything to indicate proper proceedings under section 145 of CrPC were initiated.
The bench also asked the registrar of the High Court to look into the matter on the administrative side.
The court order said: “We must reiterate that citizens and government are bound by requirements of law and no unlawful action can be upheld on ground of expediency. Subject to above reservations the petition, along with the pending applications, is dismissed and the petitioner is at liberty to resort to appropriate remedies available under the law.”
When the petition was taken up, Sohail Hameed, counsel for the petitioner, contended that although the MQM was a political party, the government banned its political activities and its offices had been sealed.
Additional Advocate-General Abbas Ali submitted comments of the SHO that law-enforcement agencies had taken possession of Bait-ul-Hamza in Karachi as there was a threat of breach of peace in the area.
The court observed that “at the same time we are perturbed by the manner in which the respondents have violated the limits.”
It was observed that the AAG was unable to show under which provision of law such action could be justified. The fourth provision to section 145 of CrPC related to emergency situation as, according to the AAG, such situation was of an emergency nature but only allowed a magistrate to attach the property pending his decision. “Prima facie, the application was made to the magistrate to confer a stamp of legality on the action of the Rangers and police.”
On the petition to open the MQM offices, the court also disposed of the petition and instructed law-enforcement agencies to adopt lawful and fair measures in this regard.
Mr Qureshi had prayed to the court to instruct the respondents for opening the MQM offices at different places in his constituency to serve the people.—PPI
