KARACHI: Police told to vacate land reserved for park
By Our Staff Reporter
KARACHI, April 13: The Sindh High Court asked the Tipu Sultan police station on Tuesday to vacate the amenity plot occupied by it within six months for development of a park on it.
The order disposed of a writ petition moved by the legal heirs of Ms Khairunnisa, the original allottee of the plot (SN-25, union council seven, Jamshed Town). They said the commercial plot was allotted to their mother by the union of cooperative societies and they should have been allowed to inherit it.
However, it was not transferred to them and was taken possession of by the Tipu Sultan police station in the meanwhile. They requested the court to direct the authorities concerned to act in accordance with law.
Additional Advocate-General Abbas Ali maintained that the disputed plot was, in fact, an amenity plot reserved for a park. It was never meant for allotment as a commercial plot. A martial law order (MLO 34) issued in the early 1970s cancelled allotment of amenity plots.
According to a report submitted by the SHC nazir, who was asked to inspect the site, the plot was being used by the Tipu Sultan police station. The police was prepared to vacate it in reasonable period of time.
A division bench, comprising Justices Sabihuddin Ahmed and Mohammad Afzal Soomro, held that the petition involved determination of questions of fact relating to title.
The petitioners were free to initiate appropriate proceedings in which they might be able to adduce evidence to establish that the plot was commercial and that they were entitled to inherit it.
On the face of it, the property in dispute, the bench observed, was an amenity plot. The petition was disposed of in terms of the undertaking given by the provincial government that the plot would be vacated within six months.
They directed the city district government through its counsel, Manzoor Ahmed, to design and develop a park on the plot. Advocate Abdul Aziz Khan appeared for the petitioners.
BAIL GRANTED: Justice Ghulam Nabi Soomro of Sindh High Court on Tuesday granted bail application to cashier Abdul Fayaz in fraud case and ordered him to furnish surety in the sum of Rs2,00,000, adds PPI.
The applicant, who worked as cashier in Malir Cantonment Board Karachi, is charged with embezzling Rs2.3 million from funds, along with other co-accused. It was argued by the applicant's counsel, Saadat Yar Khan, that his client was falsely implicated in the said case. He contended that after a lapse of three years, the fraud was detected and the case was registered malafidely against the applicant.
The court, after hearing arguments, granted bail to the applicant and ordered his release on bail.
CONVICTION SUSPENDED: Justice Ghulam Nabi Soomro of Sindh High Court on Tuesday suspended the sentence of Pervez Khan, awarded to him by the trial court in a dacoity case.
The court, while releasing the applicant on bail, ordered him to furnish surety in the sum of Rs1,00,000. The appellant was sentenced to five years RI with a fine of Rs30,000, along with three other co-accused, in March 2003 on charge of committing a dacoity in North Nazimabad.
MURDER CASE: A division bench of Sindh High Court, comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery, Tuesday adjourned hearing of an appeal by Imran Ziarat filed against his conviction in a rape and murder case.
The appellant who was produced before court requested to adjourn the matter, as he could not engage a counsel. Imran was sentenced to death on two counts by an ATC in Karachi in June 2000 in rape-cum-murder case. The court also sentenced him to 35 years RI in different criminal offences.
According to prosecution, an FIR was lodged on June 17, 1998, against appellant along with absconding accused Royat Khan in Kalakot police station alleging that the accused killed a girl Ms Samina after raping and set her body on fire.
The same bench also adjourned the hearing of an appeal filed by Attaullah, an activist of banned Lashkar-i-Jhangvi, as appellant's counsel did not appear before court. He was sentenced to a seven-year RI in illegal weapon case by the trial court on April 24, 2003.
The court, while issuing notice to appellant's counsel, fixed the matter for a date to be fixed by the office.
CONTEMPT CASE: A division bench of Sindh High Court, comprising Justice Sabihuddin Ahmed and Justice Mohammad Afzal Soomro, adjourned the hearing in a contempt of court petition filed by Ms Hajra Khan against the City District Government Karachi and others on request of respondents' counsel.
CDGK's counsel undertook to file comments on behalf of the respondent and requested for an adjournment. The court on request of CDGK's counsel adjourned the hearing for April 27.
