09 January 2004	Friday	16 Ziqa'ad 1424

KARACHI, Jan 8: The Sindh High Court set aside on Thursday a sessions court order taking custody of the passports of two French journalists being tried by it for violating visa rules at the time of their release on bail.

Justice M. Sadiq Leghari held after hearing the petitioners' counsel, Nafees A. Siddiqi, and federal government standing counsel Mahmood A. Rizvi that there was no stipulation in the high court bail order of Dec 24 for deposit of passports with the trial court.

The accused, reporter Joel Marc Epstein and photographer Jean Paul Guilloteau of the Paris weekly L' Express, were only to furnish cash security amounting to Rs100,000 each and execute personal bonds in the like amount to the satisfaction of the trial court.

Counsel Mahmood Rizvi earlier submitted that the passports were a crucial item of the case property and could not be handed back to the accused. The entire case against them under the Foreigners' Act was based on the visa entries in their passports and their violation of the visa curbs. Under Section 517 of the criminal procedure code, the case property must be retained by the prosecution agency - the Federal Investigation Agency in the instant case - till the conclusion of the trial. The sessions court only secured the custody of the case property, which it was entitled to regulate.

Regarding Advocate Siddiqi's argument that the passports were required for seeking extension of the stay of the accused in Pakistan, the counsel assured the court on behalf of the federal government that the permission would be extended without production of their passports by them. In any case, photostat copies of the passports obtained from the FIA would be sufficient for seeking extension of stay for facing trial. An application could have been made to the trial court in this behalf, he said.

Advocate Siddiqi submitted that the sessions court order effectively altered the high court bail order. It had no power to review its order and the petitioners had to approach the high court and move a revision petition. He said he could now apply to the trial court to release the passports to their clients.

The French journalists are being prosecuted for visiting Balochistan and Pak-Afghan border areas for filming a documentary on Taliban in violation of their visa restrictions.

PLEA ALLOWED: A division bench of the Sindh High Court, comprising Justice Shabbir Ahmed and Justice Mujeebullah Siddiqui, on Thursday allowed two identical applications filed by two importers against Pakistan Customs, adds APP.

Avia International and Saroor Enterprise moved the court against the impugning orders by Assistant Collector, Customs, who rejected an application filed by the petitioners under section 45 (2) of Customs Act seeking an amendment in the importers' general manifest.

Khawaja Shamsul Islam appearing for the petitioners has taken plea that all other documents, including bill of landing and invoices are in the name of petitioners. He maintained that the impugned order was mala fide and it was a "non-exercise of jurisdiction".

He contended that no question of ownership arises if request of importers/ petitioners is allowed. The counsel for the Customs stated that the respondent Assistant Collector, Customs submitted that the "petitioner sought major amendments which do not fall within the purview of section 45 (2) of Customs Act.

The bench after a detailed hearing allowed the petitions and held that the "Respondent (AC, Customs) has misdirected in refusing the amendment sought and thereby failed to exercise jurisdiction vested in him .

The impugned orders are thus set aside, the bench ordered while directing the respondents to allow the amendment sought by the petitioners. The bench also directed the customs officials to issue a delay and detention certificate and free slip to the petitioners".

NOTICES ISSUED: A division bench of High Court of Sindh, comprising Chief Justice Sayed Saeed Ashhad and Justice Musheer Alam, on Thursday issued notices to AG Sindh and excise and taxation officers in a constitutional petition filed by the PIDC.

The GM (A&P) Mohammed Aslam Chandio moved the court against a notice issued by the deputy district officer demanding payment of Rs 3.7 million as arrears towards property tax against a property C.I.V-32, Dr Ziauddin Ahmed Road, Karachi.

The petitioner prayed to the court to declare the impugned notice as null and void and to direct the respondents to hear the appeal of the petitioner.

BAIL PLEA: Asif Hussain Junejo and Alauddin alias Salahuddin Junejo on Thursday moved High Court of Sindh for bail through their counsel Ali Ahmed Junejo.

Both the applicants are facing trial in kidnapping-for-ransom case of a local business tycoon Syed Raza Abidi. Their bail plea was earlier rejected by the Anti-Terrorism Court-V for Karachi division. The bail application is likely to come up for hearing on Jan 13 when the court opens after winter vacations.