KARACHI, May 16: The appeals in the Daniel Pearle kidnapping and murder case were adjourned to an unspecified date as the bench hearing them has been replaced under the new roster of benches of the Sindh High Court.
The journalist was kidnapped in January 2002 and subsequently murdered by his captors in Karachi. The police claimed to have found a clue to the offence after prolonged investigations. Main accused Ahmad Omar Sheikh and co-accused Fahd Naseem, Salman Saquib and Shaikh Adil were tried by an anti-terrorism court at Hyderabad instead of Karachi for reasons of security. Omar was sentenced to death while others were awarded life terms. All the convicts challenged their conviction and sentences in the high court while the state moved an appeal for enhancement of the sentences awarded to the co-accused.
The hearing was adjourned on several dates by successive division benches at the request of the convict appellants’ counsel or due to their absence. As the state appeal came up for hearing on Friday, special public prosecutor Raja Qureshi informed the bench, comprising Justices Sarmad Jalal Osmany and Rehmat Hussain Jaferi that, according to the new roster, a new bench has been constituted to hear appeals against the anti- terrorism courts’ judgments.
The bench observed that Friday was its last day and it was hearing matters already partially heard.
The appeals will now be fixed for hearing before the new bench. Advocates Abdul Waheed Katpar, Rai Bashir, Khwaja Naveed and Mohsin Imam are appearing for the convict appellants.
SALE PUT OFF: The sale of two bungalows in execution of as many decrees passed against former PPP MNA Hakim Ali Zardari was on Friday put off until after disposal of objections raised before the Sindh High Court.
Justice Mushir Alam, who is currently seized of an application moved against an auction of the two bungalows initially scheduled for May 19, passed the order deferring the sale with the consent of Mr Zardari’s counsel, Farooq H. Naek, and the counsel for the decree-holder, Bank of Commerce and Credit International, Khalid Javed.
The decrees against Mr and Mrs Zardari were passed by a banking court in suits for recovery of two foreign currency loans amounting to Rs 130 million obtained by them from the BCCI for purchase and renovation of flats in London.
According to the objections, the bungalows, at Clifton and EI Lines, Karachi, did not belong to Mr Zardari but were the property of the Zardari Group of Companies and were, at present, in their occupation. The judgment debtor claimed that he had no share in the Zardari Group.
HERITAGE DEPT STOPPED: A division bench of High Court of Sindh, comprising Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jaffery, on Friday allowing a constitutional petition filed by Hirji Bhai Behram Trust (Parsi Temple) directed KBCA to “process building plan according to the law, adds APP.
Announcing the judgement, the bench also restrained the Sindh Heritage department from interfering with such a process.
The order of restraint came against Heritage department as the AAG, Sindh, Suleman Habibullah, appearing for the Sindh government, stated that none from the department contacted him for pleading the case of the department.
According to details, the petitioner submitted that plot no 15/1/SB/1, Saddar Karachi, has a dilapidated structure, namely Gol Building. The petitioner maintained that the building was declared dangerous in 1984. It was later notified as a “heritage building”, under the Sindh Cultural and Heritage (Preservation) Act 1994.
It was maintained by the petitioner that as the building was dangerous, Trust got permission for demolition of the same and also submitted a reconstruction plan which was rejected by the KBCA on ground that a No-Objection is required to be issued by the Advisory Committee of Heritage Buildings, constituted under the above cited Act of 1994.
The petitioner submitted that Heritage Department, cited as respondents failed in submitting the para-wise comments or filing a counter-affidavit.
The bench reserved its judgement after hearing the petitioner and KBCA. Announcing the judgement today, the bench allowed the petition.
TOWN OFFICERS: Town Officers are in collusion with encroacher and that’s why they do not take any action or stay away from proceedings before a court.
This observation was made on Friday by pusine-judge of High Court of Sindh, Justice Sabihuddin Ahmed, hearing a division bench with Justice S. Ali Aslam Jaffery during hearing of a constitutional petition filed by Shahid Latif, owner of Macca Hotel situated in busiest street of Saddar Town, Karachi.
Rashid Akhtar Qureshi, appearing for the petitioner, citing TMO, deputy district officer of the City District Government Karachi and assistant town officer, land (anti-encroachment) submitted that town administration issued a temporary permission to him to use the area in front of his hotel on payment of Rs1 per square feet per day for keeping tables, chairs and other material.—APP
