KARACHI: SHC moved against bias in payment of compensation
By Our Staff Reporter
KARACHI, May 6: The Sindh High Court asked the inspector-general of the Sindh police on Tuesday to appear in the court on a petition questioning discrimination in compensation between police officials and ordinary citizens killed or injured in the same incident.
Petitioner Bakhshal Khan said seven police officials and civilians were killed and 11 others, including himself, injured when police constable Noor Mohammed opened indiscriminate fire at a Dadu police station on February 24, 2002. While heirs of the deceased officials were given Rs500,000 as compensation, others had to make do with only Rs100,000. Similarly, the injured constables were paid Rs100,000 each whereas their ordinary compatriots were given only Rs50,000. He said the government and the police department were discriminating in favour of their own employees, though all the casualties took place in similar circumstances.
A division bench, comprising Justice Mohammed Roshan Essani and Justice Khilji Arif Hussain, decided to hear the Sindh IG on the matter on a date to be fixed by office.
BAIL PLEA REMANDED: Justice Syed Zawwar Hussain Jaffery remanded the bail petitions moved by alleged killers of schoolteacher Saima earlier this year.
Accused Qaiser Butt and Sufian had challenged the rejection of their bail pleas by an additional district and sessions judge. Justice Jaffery observed that the bail applications should have been heard by an additional sessions judge designated as “juvenile judge” under the Juvenile Justice System Ordinance, 2000.
Appearing for Qaiser Butt, Advocate G. N. Qureshi submitted that the accused was entitled to bail under the ordinance. Even otherwise, there was no direct evidence or recovery in the case. They were also entitled to the concession under the Sindh Children’s Act of 1955.
BAIL GRANTED: Bashir Ahmed and Mohammad Ayub who are facing trial under the Narcotic Substances Act were on Tuesday admitted to bail in the sum of Rs500,000 each. In his order, Justice Ata-ur-Rahman observed that the prosecution decision to have only a small quantity of the charas seized from the accused tested in a laboratory entitled them to bail. About 1,300 grams of charas were recovered from Bashir and 1,120 grams from Ayub. The police sent only 10 grams each for chemical analysis by the official lab.
Contesting the bail petitions, state counsel Javed Akhtar submitted that under a relevant policy decision, the police were required to send only one gram for analysis in case of heroin, 250 millilitre in case of liquor and 10 grams each in case of opium, hashish and other narcotic substances. It was not feasible to have the entire stuff tested by the official lab or any other laboratory.
COURT NOTICE: A division bench of the Sindh High Court issued on Tuesday notices to the provincial secretaries for home and services and general administration on a writ petition moved by a deputy inspector-general for posting as IG (Prisons).
DIG Ukash Ali Shaikh submitted in his petition, filed through Advocate Mohammed Nawaz Shaikh, that he was selected by the Sindh Public Service Commission to serve as jail superintendent, in Grade 18, in 1974. He was moved over to Grade 19 in 1982 and designated as deputy inspector-general. The provincial selection board recommended his promotion to the post of inspector- general in March 1996. The recommendation was accepted by the competent authority, the chief minister, and the home secretary wrote to the chief secretary for his posting as recommended by the board.
However, instead of getting a promotion and posting order, he received a direction to give up his charge and report to the home department, which he did. Earlier in 1996, all jail superintendents were replaced by police officers. He invoked the writ jurisdiction of the Sindh High Court and the court issued a direction for his promotion and posting in September 1997. The direction is yet to be complied with and he has again approached the court for its implementation. The matter, according to Advocate Nawaz Shaikh, cannot be dealt with by the service tribunal as it involves enforcement of a court order.
Justice Mohammad Roshan Essani and Justice Khilji Arif Hussain, who constituted the bench that heard the petition, directed that notices be issued to the respondent secretaries for a date in office.
