KARACHI: SHC issues notice for detainee’s DNA test
By Our Staff Reporter
KARACHI, June 21: The Sindh High Court issued notice to a Pakistani American, detained here for fresh extradition proceedings, in an application moved by the ministry of interior for requiring him to give blood samples for DNA test in the United States.
According to an order passed by a division bench on June 19, fugitive accused, Haris Hasan’s blood samples were to be obtained by a doctor in the presence of his father, Nadir Hasan, and Deputy Attorney-General, Nadeem Azhar Siddiqui.
According to the application, neither Haris nor Nadir was willing to cooperate ensure compliance with the court orders.
DAG Siddiqui went to the jail on Friday, along with Sindh High Court Bar Association Secretary Yawar Faruqui, who had moved a writ petition for a fresh inquiry on behalf of the federation, and Additional Advocate-General Suleiman Habibullah. Nadir failed to accompany them or reach the prison in their presence. The jail superintendent called Haris, who came to see the law officers but refused to give blood samples to the jail doctor.
The application requested the division bench, comprising Justices Mushir Alam and S Ali Aslam Jafri, to fix a date and time for obtaining Haris’s blood samples, even in the absence of his father. Haris should also be directed to cooperate with the doctor or the jail authorities and the doctor be allowed to take samples forcibly, the application said.
The bench issued notices to the respondents through their counsel, Syed Saeedudin Nasir, for June 24.
BAIL DENIED: A Sindh High Court referee judge has declined bail to former federal secretary Javed Burki and co-accused Muzammil Niazi in an accountability case for lack of jurisdiction.
Justice Shabbir Ahmed was assigned the bail applications following a split verdict returned by a division bench, comprising Justices Sarmad Jalal Osmany and Rehmat Hussain Jaferi. The former granted bail to both the accused in the sum of Rs 10 million each. The latter dismissed the applications with a direction to the accountability court to conclude the trial within three months.
Burki and Niazi are accused by the National Accountability Bureau of causing a loss of about Rs 1.76 billion to the public exchequer. The former was chairman of the Pakistan Automobile Corporation (Paco) when it was given a contract for manufacturing “Yasoob” trucks for the Pakistan Army. Niazi was managing director of the Paco subsidiary, Trailer Development Company (TDL). A hefty amount was advanced to the Paco and TDL as part of the contract.
The accused allegedly floated a private company, Trans Mobile Limited (TML), and transferred the contract to it. The company, which is alleged to have obtained huge amounts in bank credit, failed to discharge the contractual obligations between the Paco and the army. It defaulted on maintaining the agreed specifications and the time schedule.
According to the prosecution, Burki was the chairman and Niazi the managing director of the TML, the private company which was sub-contracted to manufacture trucks for the army. Both are in custody, facing trial before an accountability court.
Citing Supreme Court judgments, Justice Shabbir held in his detailed order as the referee judge on Friday that the high court had no jurisdiction to entertain bail application of an accused standing trial before an accountability court under Section 9 (b) of the NAB Ordinance. The petitioners were, however, at liberty to move the court in its writ jurisdiction.
Advocates A. Hafeez Lakho and Raja Qureshi appeared for the applicants and Advocates Shaukat Hayat, Khalid Siddiqui and Anwar Tariq contested the applications on behalf of the NAB.
DEMOLITION: Justice Shabbir Ahmed of the Sindh High Court has directed the court Nazir to inspect an under construction shopping mall on the Daudpota Road and submit his report next week.
The order came on a petition moved by M/s Chapal Navinta Shopping Mall, against the partial demolition of the structure by the cantonment board, for violation of building rules and the approved design.
Appearing for the petitioner, Barrister Kamal Azfar argued that the building was being constructed in accordance with the approved plan and sought an injunction against the cantonment board.
Appointing the Nazir as commissioner, the court restrained the board from taking further action against the petitioner till the next date of hearing, which would be fixed after receipt of the inspection report. The Nazir was authorized to post guards at the building to ensure compliance with the court order.
The builder has also been restrained from carrying out any further construction.
