KARACHI, May 30: The Lyari Expressway case was again adjourned for final arguments to June 3 by a Sindh High Court division bench.
Additional Advocate-General Suleiman Habibullah informed the bench, which consisted of Justices Sabihuddin Ahmed and S. Ali Aslam Jafri that Advocate-General Anwar Mansoor Khan was unable to appear due to indisposition.
He, however, submitted that most of the petitioners were unauthorized leaseholders or occupants.
They were either sub-lessees of the PIB Co-operative Society, which was not a rightful lessee itself or illegal kutcha abadi occupants or lessees of the federal government or the KMC in areas which did not fall within their jurisdiction.
Representing a number of petitioners, Advocate Shaukat Ali Shaikh requested the bench to allow written arguments so that the case of all the parties was well documented.
The bench deferred further hearing to June 3.
SPLIT VERDICT:A division bench of the Sindh High Court on Friday returned a split verdict on the bail applications of former federal secretary and chairman of the Pakistan Automobile Corporation (Paco) and co-accused Muzammil Niazi.
The applicants are standing trial in an accountability court for causing a loss of billions of rupees to the public exchequer in a deal for manufacturing trucks for the armed forces. A new company was floated to manufacture the trucks, which were found sub-standard.
The applications were heard by a bench, comprising Justices Sarmad Jalal Osmany and Rehmat Hussain Jaferi, which reserved its order earlier this month. The order was announced on Friday by another bench, comprising Justices Wahid Bux Brohi and R.H. Jaferi. While Justice Osmany granted both the accused bail in the sum of Rs 10 million each, Justice Jaferi held that no case had been made out for grant of bail at this stage.
He, however, directed the accountability court to conclude the trial within three months.
The applications would now be referred to the chief justice for consideration by a referee judge.
NAB CASE: Embezzlement and misappropriation cases should, in the interest of consistency, be referred to accountability courts only when the amount exceeds a particular limit, a division bench of the Sindh High Court observed on Friday.
The observation was made in an order referring a case to the National Accountability Bureau chairman for further consideration. The case involved misappropriation of bank credit by former Habib Bank chief Yunus Dalia and co-accused Deedar Ahmed Sarhandi.
The latter challenged its transfer from the special court for banking offences to an accountability court.
The NAB chairman’s transfer order stated that the case involved misappropriation of a huge amount but was silent on the second condition of making a reference to an accountability court that there was a reasonable possibility of recovering a substantial amount through plea bargain.
The bench, which consisted of Justices Wahid Bux Brohi and Rehmat Hussain Jaferi, accordingly referred the case to the NAB chairman for a fresh order within a month “after application of mind”.
In case no order was passed within a month, the case would continue to be tried by a banking court. The proceedings before the accountability court would remain suspended till a final decision was taken by the NAB chairman or till the expiry of one month, whichever is earlier.
PLEA REJECTED: Justice M. Ashraf Leghari of the Sindh High Court dismissed on Friday bail application of a smuggling accused whose consignment caused an explosion at the Sialkot dry port in February last, killing 18 people and causing injuries to 35 others.
Javed Iqbal imported sulphur and magnesium from Dubai, but declared it to be a consignment of “plastic toy rings”.
According to the prosecution, the accused himself was both exporter and importer. He imported the material through his firm Iqbal Traders of Lahore and exported it through a Dubai firm, which actually belonged to him but where he was shown to be clerk employed on a monthly salary of Dirhams 5,000.
While an FIR in respect of the explosion was registered at Sialkot, he was booked in Karachi by the customs authorities for smuggling and misdeclaration.
KARACHI, May 30: The Lyari Expressway case was again adjourned for final arguments to June 3 by a Sindh High Court division bench.
