KARACHI: Petition for inquiry tribunal dismissed: Fatima Jinnah controversy
By Shujaat Ali Khan
KARACHI, July 30: A petition for the constitution of an inquiry tribunal to look into a reported allegation by senior adviser Syed Sharifuddin Pirzada, that Madar-i-Millat Fatima Jinnah was murdered, was on Wednesday dismissed by a division bench of the Sindh High Court.
The petitioner, Haji Gul Ahmed, said he wanted a thorough investigation into the allegation in the national interest. Mr Pirzada was a senior lawyer whose statement could not be treated lightly. Even if he had retracted or altered his statement, doubts would continue linger in the public mind. A probe was essential to solve the mystery and remove doubts.
The bench, which consisted of Justices Zahid Kurban Alavi and Zia Perwez, observed that it had no power to institute a probe or set up of an inquiry tribunal and dismissed the petition summarily after hearing the petitioner in person.
ASIF CASE: The Sindh High Court asked PPP leader Asif Ali Zardari on Wednesday to seek legal assistance on the question whether his personal appearance was essential for consideration of a Sindh government request for transfer of a murder case against him from Hyderabad to Karachi.
The case was registered by the Qasimabad police station of Hyderabad in 1997 and had been pending disposal before a Suppression of Terrorist Activities (STA) court. The Sindh government had moved an application for its transfer in February 2002. It said stringent security arrangements would have to be made for Asif Zardari’s journey from Karachi to Hyderabad for his regular appearance during the trial at Hyderabad. A big amount would have to be spent on his transportation from Karachi to Hyderabad and back every now and then.
It would be in the interest of expeditious trial if the case was transferred to Karachi, where Mr Zardari was already appearing in a couple of trials, the government application said.
The high court sent a notice of the government plea to Asif Zardari in March and he replied that he wanted to appear in person in the matter. As the transfer plea came up for hearing before a division bench comprising Justices Zahid Kurban Alavi and Zia Perwez on Wednesday, Additional Advocate-General Qazi Khalid Ali submitted that the matter involved a question of law and in his view, personal appearance was not necessary. Asif Zardari could contest the application through a lawyer if he so desired. The bench sent a fresh notice asking the accused to seek legal assistance on the issue.
HEARING ADJOURNED: A division bench of the Sindh High Court adjourned on Wednesday hearing of a writ petition challenging the simultaneous assumption of government and party offices by Railway Minister Ghous Bakhsh Khan Mehar to enable the attorney-general to assist the court.
Deputy Attorney-General Nadeem Azhar Siddiqui informed the bench comprising Justices Zahid Kurban Alavi and Zia Perwez that Attorney-General Makhdoom Ali Khan, who had been issued a notice in the petition, was busy in Islamabad. The bench fixed August 12 as the new date of hearing.
Appearing for the respondent minister, who is also president of the PML-Q Sindh, and central secretary-general of the party Salim Saifullah Khan, Advocate Mahfoozyar Khan submitted that the question agitated by the petition was an intra-party affair and it was for the PML-Q to settle it.
The bench observed that political parties were not above the law and the superior courts had the power to ensure that the law and the Constitution were observed by them. Advocate Saify Ali Khan filed power on behalf of Haleem Ahmed Siddiqui, the respondent secretary-general of the PML-Q Sindh, and Advocate Fareed Ahmed Dayo for Maqbool Ahmed Shaikh, chief organizer of the PML-Q Sindh. The petitioners, three vice-presidents and other office-bearers of the PML-Q Sindh, maintain that the holding of government and party offices is prohibited not only by the Political Parties Order-2002, but also by the PML-Q Constitution, which is registered with the Election Commission. Filed through Advocate Shakeel Ahmed, the petition seeks unseating of the minister as a member of the National Assembly for violating the law.
JUDICIAL CUSTODY: A division bench of Sindh High Court comprising Justices Zahid Kurban Alavi and Zia Perwez ordered on Wednesday transfer of an accused from FIA lock-up to judicial custody.
Petitioner Bashiruddin, owner of a travelling agency (Dreamland) in Lahore, is required by the FIA in several cases. His remand was being obtained in the cases one after another.
The petitioner’s counsel, Advocate Maqbool Elahi Malik, submitted that an investigation agency could not be given physical remand of an accused for more than 14 days.
A division bench ordered that the petitioner be transferred to judicial custody on August 2.
