KARACHI, Oct 25: Rehmatullah Moro, Judicial Magistrate, South, on Saturday reserved orders on a contempt of court application, moved by M. Ilyas Khan, counsel for the crew of the grounded oil tanker ‘Tasman Spirit.’
The counsel, arguing the application, contended that court had directed the investigation officer (IO) to submit final charge-sheet before the court.
As the direction was not complied with, it constituted contempt of court, he contended, adding that mandatory provision of the law requiring the prosecution to submit final charge-sheet within 17 days of lodging of an FIR was violated.
He submitted that as investigation officer of the case was absent today also, so the contempt proceedings be initiated against him.
Mehmood Alam Rizvi, appearing for the Karachi Port Trust (KPT), opposed the application and said that considering the extent of damage and issues involved, it was a difficult investigation, particularly for police officers, who rarely dealt with such cases involving critical technicalities.
He said that the delay was not mala fide but reflected cautious approach of the investigating officer.
The JM, after hearing the sides, reserved orders till Monday.
The JM also reserved orders on two applications, one moved by advocate Mohammed Ashraf Kazi on behalf of Nicholas Pappas, Salvage Master, seeking return of his passport as applicants’ grand father had passed away in Greece. Through second application, Mr Kazi requested the court to discharge the case against the accused as prosecution failed in submitting charge sheet against them in stipulated time.
The crew of Tasman Spirit was booked by the Dockyard police under Sections 280, 285, 4311 of the Maritime Security Ordinance, Section 566 of the KPT Act, and Section 89 and 90 of the Port Security Force Ordinance, 2002.—APP
