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November 7, 2003 Friday Ramazan 11, 1424


KARACHI: Notices to jail authorities on Usman’s petition



By Our Staff Reporter


KARACHI, Nov 6: A division bench of the Sindh High Court issued notices to the Central Prison authorities in a writ petition moved by former Steel Mills chairman Usman Farooqui against his continued incarceration.

The petitioner submitted that he was first taken into custody at the end of 1996 at the behest of the Ehtesab Cell, as the National Accountability Bureau was then called. He had remained behind bars since and was tried in three references by accountability courts. His bail applications were rejected and he faced the accountability proceedings as an under-trial prisoner.

The petitioner said he was ultimately convicted and sentenced to various terms of imprisonment, which were to run concurrently. He has served out all his jail terms under the law but was not being allowed the benefit of remissions extended to all prisoners under Section 382 of the code of criminal procedure.

The treatment being meted out to him was repugnant to the constitutional provisions guaranteeing equality of citizens before the law. He requested the court to direct the jail authorities to release him immediately as he was not required in any other case.

A division bench comprising Justices Zahid Kurban Alavi and Gulzar Ahmed issued notices to the respondent jail authorities for Nov 11.

APPEAL ADMITTED: Another division bench comprising Justices Wahid Bux Brohi and Rehmat Hussain Jaferi admitted an appeal moved by former deputy superintendent of police Jamil Akhtar Kiyani and his wife against their conviction and sentences awarded by an accountability court in a reference. Notices were issued to the prosecution for a date in office.

Mr Kiyani and his wife, Riaz Bibi, were convicted by an accountability court on Oct 31 and sentenced to imprisonment for 10 and five years, respectively, and a fine of Rs30 million each. Their son, Faisal Jamil, who has been absconding, was sentenced to three years’ imprisonment under Section 31-A of the NAB Ordinance.

Mr Kiyani was accused of amassing wealth disproportionate to his known sources of income by indulging in corruption as an official of the Sindh Police. He joined the police as an assistant sub- inspector in 1959 and retired as DSP in 1995. He was re-employed after his retirement but his services were terminated in 1996 following charges of corruption.

According to the prosecution, the official had three bungalows and a commercial plaza in Karachi and one bungalow in Islamabad. He also owned three cars and had 23 bank accounts showing transactions of millions of rupees and dollars. Most of the movable and immovable property was acquired and maintained in the name of his son and wife, who had no independent source of income. Both were accused of abetting the main accused by possessing and concealing his ill-gotten wealth.

CONSTRUCTION SUSPENDED: The Sindh High Court suspended on Thursday the construction of a petrol station in a congested area of the city.

Petitioner Abdus Sattar Jan, a resident of Gowaram Compound, Rangiwara, Lyari, submitted through Advocate Abid Hussain that the station was being constructed in a residential area without a no-objection certificate from the official agencies concerned.

A bench comprising Justices Zahid Kurban Alavi and Gulzar Ahmed sought comments from the respondents, including the city government, the Karachi Building Control Authority, the Lyari Town nazim and the station proprietor, and adjourned further hearing till Friday and suspended further construction in the meanwhile.

Advocate Mohammad Ali Abbasi appeared on behalf of the proprietor and requested time to file a counter-affidavit.

REMANDED: Justice Shabbir Ahmed of the Sindh High Court, who is also the administrative judge of Anti-Terrorism Courts (ATCs) Karachi, on Thursday remanded accused Shahnawaz alias Shan of the banned Lashkar-i-Jhangvi, allegedly involved in the SUPARCO bus killing case, to jail custody till November 13, and directed the police to submit a chargesheet against him on the next hearing, adds PPI.

The Police Investigation Zone Sher Shah Town produced the accused amid tight security before the court. According to police, he was one of the accused involved in SUPARCO’s bus killing case on October 3. Six people were shot dead and seven others wounded when a bus carrying employees of the Space and Upper Atmosphere Research Organization (Suparco) for Friday prayers was ambushed by armed men on the Hub River Road in the Mari Pur area.

Athar Ali, bus driver Mohammad Qasim, Hashim Raza, Raza Ali, Hawaldar Mohammad Rafiq Shahid and Syed Wasiul Hasan Zaidi died on spot, while Munawar Ali Zaidi, Asghar Zaidi, Syed Itrat Hussain, Ali Hussain, Asif Ali Jafri, Aslam Abbas, and Pervez were injured in the attack.

The accused was also remanded to jail custody in four others sectarian killing cases, in which he was earlier declared absconder.



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