14 May 2004	Friday	23 Rabi-ul-Awwal 1425

KARACHI, May 13: The Sindh High Court ordered on Thursday reinspection of the Japanese consulate building as the allegedly violative structure 'has come above ground'.

Justice Mushir Alam noted the grievance of the plaintiff, Chaman Investment (Pvt) Limited, that the consulate and its building contractor had not left the mandatory open space uncovered and that 'the cut line and set back' were not being adhered to as required by the law and rules.

The building is being constructed on plot number CL-6/2, Clifton, Frere Town. At the time of the previous inspection in January, only the excavation work was in progress.

The judge asked the SHC nazir to inspect the site again in consultation with the defendants' counsel and submit his report within a week. He might seek the assistance of a qualified engineer during inspection. The parties would be heard on merit after the receipt of the inspection report. Appearing for the consulate, Advocate Chaudhry Jamil promised to facilitate the inspection.

As for the consulate's plea of diplomatic immunity from the suit proceedings, Justice Alam observed that the matter would be considered together with other legal issues after the receipt of the report.

The plaintiff's counsel, Faisal Kamal Alam and Arshad Hussain, submitted that the under-construction building was grossly violative of the building rules and regulations.

The Karachi Building Control Authority was not discharging its duty to stop the construction. The defendant consulate or its contractor were not even prepared to show the approved plan.

KBCA counsel Shahid Jamil Khan submitted that there was no violation of the rules and regulations in the construction raised so far. It was entirely in conformity with the approved plan.

As for the approved plan, it would be produced in the court by the KBCA whenever so ordered. He, however, declined to show the plan to the plaintiff. There was nobody to represent the defendant contractor despite service of notice.

HOSPITAL RECORD: In a 30-million-rupee suit instituted by Ms Rahima Majid against the Aga Khan University Hospital and its consultant surgeon Dr Hasnain Ali Shah, meanwhile, the judge asked the nazir to obtain copies of the entire record of the plaintiff's treatment.

The plaintiff alleged through Advocate Nasir Maqsood that she visited the hospital on April 26, 2002, with a bleeding ulcer.

Blood transfusion, which should have been arranged immediately, and other preliminary processes were delayed and she developed ischaemic renal injury and a host of other complications, including trauma. She had to be taken to the United States for treatment of her condition.

Justice Alam noted the contention of the plaintiff's counsel that the record had not been furnished by the defendant hospital despite repeated requests. The plaintiff's entire case, the counsel said, was based on the record and if it was not made available or was tampered with, she would be seriously prejudiced.

"Under the circumstances", the judge ordered, "let the nazir obtain copies of the record relating to the plaintiff as detailed in the her application." After obtaining the copies, the nazir may initial the same for the purpose of future verification and identification, the order said.

DANIEL PEARL: An Anti-Terrorism Appellate bench of the High Court of Sindh, comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery, on Thursday put off hearing of three appeals - two by the accused and another by the state - in the Daniel Pearl kidnapping and murder case for a date to be fixed later, adds APP.

When the appeals were taken up, an application by Rai Bashir, counsel for main accused Ahmed Omar Shaikh, was placed before the court. The applicant stated that he could not attend the proceedings today (Thursday) because of his illness.

The special public prosecutor opposed the adjournment but other counsel agreed to the adjournment saying that under the AT laws, the presence of all defence counsel was necessary. The bench then put off the hearing to a date to be fixed later by the office of the court.