18 February 2004	Wednesday	26 Zilhaj 1424

KARACHI, Feb 17: The Sindh High Court on Tuesday issued notices on an application challenging a subordinate court's decision to treat as final an interim charge-sheet in the Tasman Spirit case.

The criminal miscellaneous application has been moved by Captain Iftikhar Ahmed, deputy conservator of the Karachi Port Trust, through Advocate Mehmood Rizvi. It assails the order of the district and sessions judge (west) upholding a judicial magistrate's decision to treat as final an interim charge-sheet or challan submitted in the Tasman Spirit case.

In his impugned order on a revision application against magistrate Mumtaz Solangi's decision, the DSJ (W) declared the magisterial court had the authority to treat the interim charge- sheet as final.

The investigation officer or agency was, meanwhile, at liberty to produce a fresh or amended charge-sheet after further investigation of the case. If additional, new or more facts or evidence warranted a new charge-sheet, it could be submitted subsequently, he held.

The applicant's counsel argued that both the magistrate and the DSJ failed to appreciate the complicated nature of the case. They also ignored the fact that the investigation officer had to collect evidence from abroad.

Justice Syed Zawwar Hussain Jaffery issued notices to Salvor Master Nicholas Papos, Tasman Spirit Master Kristynoe Dimitryios and others for Feb 23.

The oil tanker ran aground the coast of Karachi in July last, creating an ecological disaster besides causing a huge financial loss to the KPT and other organizations and individuals. It spilled thousands of tonnes of crude oil. The vessel it to be dismantled and sold to shipbreakers.