21 January 2004	Wednesday	28 Ziqa'ad 1424

KARACHI, Jan 20:The Sindh High Court adjourned on Tuesday the hearing of a transporter's petition against the National Highway police and the federal ministry of communications to Jan 29.

The transporter has challenged the highway police ban on transportation of vehicles from Karachi to upcountry on ordinary carriers. The police says cars and other vehicles should be transported aboard carriers, especially meant for them.

Defending the respondent ministry and the police, deputy attorney-general Nadeem Azhar Siddiqui submitted before a division bench that the latter was empowered under the Motor Vehicles Ordinance and the Highway Safety Ordinance to control and regulate traffic on national highways. It was obliged to prevent obstructions and prescribe maximum height and weight limit for various vehicles. The petitioner concern was violating the weight and height limit and the highway police was compelled to act against it.

The law officer also submitted comments and photographs showing how the petitioner's transport carriers created obstructions on highways. Further proceedings were adjourned by the bench, which consisted of Justices Anwar Zaheer Jamali and S. Ali Aslam Jafri, at the request of petitioner's counsel, Nasir Mahmood.

RACE CLUB: The bench asked a petitioner to make an application if he wanted to withdraw his petition against the Karachi Race Club and its administrator. Petitioner Yusuf Dada sought to withdraw his petition after the bench had passed an adjournment order at the request of the Race Club counsel, Ghafoor Mirza.

Appearing for the club and its administrator, Advocate Mirza sought time to file comments and counter-affidavit. The petitioner's counsel, Advocate Raza Hashmi, had no objection and the bench adjourned the hearing to Feb 12.

The petitioner reappeared soon after the bench had passed the adjournment order and requested withdrawal of his petition. The bench pointed out that he was present at the hearing and could have made the request earlier. Advocate Hashmi had left and the bench asked the petitioner to move an application for withdrawal.

RETRENCHMENT: The bench issued notices to the federal finance ministry and the statistics division in a petition questioning premature termination of employees hired for a World Bank project. The project, named the Pakistan Integrated Household Survey, had employed about 200 men and women on contract till the year 2008.

Appearing for a sacked section officer, Safia Sultan, and two assistants, Advocate Tariq Mahmood submitted that the termination of their services was violative of the law and the high court was entitled to issue a writ. The Lahore High Court has already stayed the dismissal of certain members of the project staff who approached it, he stated.

CONTEMPT CASE: The Sindh High Court asked the federal establishment secretary on Tuesday to appear on Jan 26 and explain why he should not be proceeded against for contempt for not complying with its order to decide a departmental appeal moved by a dismissed government employee.

On a writ petition moved by Mohammad Ali Shah Bukhari, deputy director, commercial audit, auditor-general's office, the SHC had directed the establishment secretary on April 4, 2003, to dispose of his pending appeal against his dismissal from service within three months. The secretary took no action within the stipulated period or thereafter and the appeal remains undecided.

The petitioner moved a contempt petition through Advocate Mansoorul Haq Solangi and a division bench, comprising Justices Ghulam Nabi Soomro and Azizullah M. Memon, directed secretary Javed Hasan Ali to appear and show cause why action should not be taken against him under the law of contempt.

The counsel earlier informed the bench that the respondent secretary was summoned several times previously but he chose to disregard the summons as well as the direction to pass an order on the petitioner's departmental appeal.

SCHOOL CASE: A division bench of Sindh High Court comprising Justice Sabihuddin Ahmed and Justice Zia Pervez, on Tuesday, allowed the petition filed by administration of City School, Al-Hamra campus, against the Karachi Building Control Authority.

The bench restrained the KBCA from demolishing the building on plot 14, Al-Hamra Cooperative Housing Society, Gulshan-i-Iqbal Town. The petitioner had impugned the KBCA notice, which states that petitioner is musing the land as it was allotted purely for residential purpose.