Freezing of accounts an issue of state security, SHC told
KARACHI, Dec 2: The Sindh High Court was told by the federal attorney on Tuesday that the freezing of Al-Akhtar Trust bank accounts involves the determination of a “very sensitive issue of state security” in the context of prevailing national and international terrorism which cannot be examined at this stage in the large interest of the country.
Deputy Attorney General Syed Zaki Mohammad stated this on behalf of the ministry of finance which has also been named as respondent in a constitutional petition filed by the Al-Akhtar Trust against the freezing of its accounts by the government.
The federal attorney filed comments before a bench of the Sindh High Court, comprising Justice Anwar Zaheer Jamali and Justice Zia Pervez, and also produced relevant documents in support of his contention.
He stated that the petition is misconceived in law and was not maintainable. It was submitted that the petition involves a disputed question of facts which cannot be gone into exercise of a writ jurisdiction.
He further submitted that the accounts were frozen keeping in view interest of country on receipt of an information from a friendly country. It was stated that the trust had links with the Taliban and Al Qaeda network. He stated that the details in this regard could be supplied to the court separately.
The US Treasury and UN Sanction and others departments had earlier sent a letter to the Pakistani government asking them to freeze the accounts of the Al-Akhtar Trust as it was operating to support the activities of Al Qaeda and Taliban in the garb of a welfare association.
They alleged that it was involved in the killing of US journalist Daniel Pearl. They also mentioned that Maulana Masood Azhar of the banned Jaishe Mohammad had announced the setting up of the Al-Akhtar Trust and Al-Khair Trust, and he is working to aid Al Qaeda and militants.
The court fixed the matter for a date in office as none was present on behalf of petitioner.
Petitioners Maulana Mohammad Ibrahim and Maulana Mohammad Mazhar, vice president and chairman financial committee of the trust, moved the SHC against the freezing of as many as five bank accounts of the trust.
They stated that the Al-Akhtar Trust was a registered welfare organization and was working for the needy people and also worked for the rehabilitation of the people affected by drought, famine and floods.
The account No. 1961-48 of Habib Bank Limited Shahnawaz Market branch Gulshan-i-Iqbal Karachi branch, A/c 5600105 and 650011-68 of HBL Bahadurabad Karachi branch, A/c 362313 of H.B. AG Zurich main branch Karachi and A/c 1443-5 of Muslim Commercial Bank, Gulshan Chowrangi branch were freezed on May 12.
The ministry of finance, State Bank of Pakistan, HBL and MCB through their presidents were named as respondents in the petition.
SEALING ORDERED: Justice Musheer Alam of High Court of Sindh on Tuesday ordered the Nazir of SHC to seal a flat allegedly in illegal possession of Rahila Tiwana, Deputy Speaker of Sindh Assembly.
The court, however, ordered that the possession shall not be taken over by the Nazir till Dec 9 when the court will hear a miscellaneous application filed by Ms Tiwana.
The bench also summoned the file of a suit pending before the Senior Civil Judge, Karachi South.
The applicant challenged a decree passed by the SHC in a suit filed by Dr. Shafaatullah who maintained that he was the legal owner of flat No. 421-A, Marine Drive, Block 2, Clifton, Karachi.
The plaintiff stated the flat was leased out to him in March 1996. He submitted that he later left for Vienna, Austria for higher studies and later worked at the German-Saudi Hospital at Jeddah for two years.
The plaintiff stated that on April 15, 2001, when he visited his flat, he found the locks broken and according to the chowkidar, Ms Rahila Tiwana was in the occupation of the said flat.
Upon inquiry, she informed that she had purchased the flat but could not produce any document, maintained the plaintiff.
The plaintiff prayed in the suit that peaceful possession be handed over to him and defendant be directed to pay a rent at a rate of Rs 25,000 from April 2001 till its possession is restored to him.
The suit was decreed on Oct 31 and the defendant was directed to hand over the possession to the plaintiff within two weeks.
In case of failure, the Nazir of SHC was appointed as commissioner and directed to break the locks and hand over peaceful possession to the plaintiff and also to make inventory of items fixtures and fittings.
Ms. Tiwana filed the present miscellaneous application seeking order of restraint. She prayed to the court to stop execution of decree as she also be given an opportunity of hearing.
She also maintained that a suit in respect of the disputed flat was already pending before Senior Civil Judge, South.
When the application came up for hearing on Tuesday, Waqar Lodhi, counsel for plaintiff Dr Shafaatullah, sought time for filing a counter-affidavit at which the bench put off further hearing till Dec 9 modifying the decree to an extent that the possession will not be handed over to any party, but the premises will be sealed by the Nazir of SHC.
Another bench of SHC, comprising Justice Anwar Zaheer Jamali and Justice Zia Pervez dismissed a constitution petition filed by Gulshad Khan, general secretary of the Mini-Bus Owners Association and 11 other operators/owners of route U-1.
The petitioners, making the Sindh home secretary, the city police chief, TPO of Jamshed Town, SHO of Mehmoodabad and two private persons, Haji Sultan and Haji Dost Mohammed, respondents in the petition alleged that they were forced to pay Rs 200 per day per minibus.
The private respondents thus collect Rs 13,000 per day and Rs 390,000 per month, stated the petitioners maintaining that they have lodged complaints with every official but noon paid a heed to their request for legal action against these alleged illegal activities of the private respondents.
They prayed to the court to direct the respondent SHO of Mehmoodabad to register an FIR against the private persons/respondents.
When the matter was taken up, counsel for petitioner did not press the petition after an assurance by the state counsel that necessary legal action would be taken if any cognizable offence is made out.
The bench then dismissed the petition as not pressed.
ENCOUNTER CASE: A division bench of the Sindh High Court, comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery, on Tuesday set aside the conviction awarded to Mehmood Ali alias Commando by a trial court in a police encounter case.
The court, however, dismissed his appeal against conviction in an illegal weapons case. The appellant was sentenced to a total of eight years RI by the Special Judge STA Central Karachi.
According to prosecution, police arrested appellant after a shootout in New Karachi on Aug 15, 1998, and also recovered illegal weapons from his possession.
It was alleged that the appellant, along with the absconding co-accused Salim, Nizam, Tahir and Pupoo opened fire on a police patrolling party when they tried to stop them. He was booked under section 353/324 PPC and 13-D Ordinance in New Karachi police station Karachi.
His appeals against conviction in both cases were moved in the high court. The court after hearing arguments from both sides, set aside the conviction in the police encounter case but dismissed his appeal in illegal weapon case.
CONTEMPT PLEA: A division bench of High Court of Sindh, comprising Justice Sabihuddin Ahmed and Justice Amir Hani Muslim, on Tuesday adjourned the hearing of a contempt application against the Accountant General Sindh and other officials till Jan 13.
The contempt application was filed by Gul Muhammed Hajano, presently EDO, Education, Nawabshah against non-payment of his dues.
When the application came up for hearing, Advocate General, Sindh was also present on court notice besides alleged contemner, including AG Sindh Salahuddin Butt, finance secretary Malik Israr, AAG Sindh Muhammad Usman Rajput and accounts officer Rana Aslam.
The bench expressed annoyance over non-implementation of the court order. On a query, the Advocate General, Sindh, assured that the alleged contemner would file rejoinders by the next date of the hearing.
Another bench of the SHC, comprising Justice Shabbir Ahmed and Justice Mujeebullah Siddiqui, dismissed a constitution petition filed by seven alleged smugglers of foreign cloth for release of goods confiscated by the Mochko police.
The petitioners attempted to smuggle out cloth and shoes via the RCD Highway.
When the petition came up for hearing M. Ahmed Pirzada, Additional Advocate General Sindh questioned the maintainability of the constitutional petition. —APP/PPI
