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May 10, 2003 Saturday Rabi-ul-Awwal 7, 1424


KARACHI: SHC refers six cases to electricity inspector



By Our Staff Reporter


KARACHI, May 9: The Sindh High Court on Friday referred over half a dozen writ petitions against the KESC to the electricity inspector for adjudication under the Electricity Act.

The petitions were moved by domestic, commercial and industrial consumers who complained of excessive billing and load assessment irregularities.

Three other petitions pertaining to power consumption and overcharging were adjourned while two were disposed of as not pressed or withdrawn. The division bench that heard the petitions consisted of Justices Mohammad Roshan Essani and Khilji Arif Hussain.

The bench allowed a petition filed by five lawyers against NBP officials’ attempt to block access to their law offices near Denso Hall. It restrained the bank authorities from taking any measure in violation of the law. The authorities should proceed in accordance with the law if they had any grievance against the lawyers.

In a pending appeal moved by the former chairman of the Bankers Equity Limited, Rauf B. Qadri, the bench ordered production of the appellant on May 20.

On a petition moved by former Habib Bank president Habib Dalia, another division bench, comprising Justices Sarmad Jalal Osmany and Rehmat Hussain Jafferi, issued notices to the National Accountability Bureau and another respondent for May 13.

Mr Dalia is facing a NAB reference involving misappropriation of the so-called yellow cab scheme loans. In collusion with two others, he is accused of causing a loss of Rs 23.61 million to the public exchequer. He is on bail granted by the Sindh High Court. The quashment plea has been rejected by the trial accountability court.

ZARDARI CASE: Justice Zahid Kurban Alavi of the Sindh High Court has fixed May 16 for hearing and deciding the objections filed by former PPP MNA Hakim Ali Zardari to the sale of two bungalows allegedly belonging to him in execution of as many money decrees.

The decrees were passed by a banking court in recovery suits instituted against the former MNA by the Bank of Credit and Commerce International for his failure to repay loans amounting to Rs130 million. Two bungalows situated in Clifton and E. I. Lines, Karachi, were first attached and subsequently sought to be auctioned to satisfy the decrees. Mr Zardari raised objections on Thursday to the advertised sale, saying neither of the properties belonged to him.

The bungalow in E. I. Lines was used as residential accommodation by directors of the Zardari Group (Private) Limited, with which the former MNA had nothing to do. As for the Clifton bungalow, there was an agreement to sell it and the vendee has obtained a court decree for execution of a sale deed.

Appearing for the BCCI on Friday, Advocate Khalid Jawaid Khan said he received notice of the hearing late Thursday evening and needed time to prepare his brief. Mr Zardari’s counsel, Farooq H. Naek, submitted that the process of sale be stayed if a long adjournment was needed. The judge observed that he would grant adjournment till May 16 and would stay only the process of inspection of the properties by prospective buyers.

ORDER TO POLICE: The Sindh High Court directed the police to entertain a complaint by the sister of an alleged terrorist about his disappearance and register a case if warranted.

The petitioner, Ms Kulsoom, had moved a habeas corpus petition on June 17, 2002, a day after her brother, Syed Ataullah Bukhari, was allegedly picked up by a joint raiding party of the police and the rangers.

She prayed to the court to order his production. The court issued a notice to the provincial government, which denied that Bukhari had been detained by the police.

According to the police, he was, however, required in a number of incidents of terrorism.

The rangers director-general, who was impleaded subsequently, submitted that his force had no knowledge of the arrest, detention or whereabouts of the alleged detainee.

The petition came up before a division bench, comprising Justices Ata-ur-Rahman and Azizullah M. Memon, on Friday and Additional Advocate-General Arshad Khan Lodhi reiterated the provincial government’s stance.

However, he suggested that the police could be directed to register a case in respect of Bukhari’s disappearance as alleged by the petitioner, provided she made out a case for a cognizable offence.

The bench ordered that the area police should hear the petitioner and register an FIR in accordance with the law.






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