23 May 2004	Sunday	03 Rabi-us-Saani 1425

KARACHI, May 22: Justice Zia Perwez of the Sindh High Court reserved his order on Saturday on a review petition filed by the wife of a convict under the Pakistan Air Force Act.

Ms Shakila Firdous had earlier moved a writ petition for the recovery and production of her husband, Ghulam Abbas, who was taken into custody from his residence at Mahmoodabad, Karachi, by the PAF police in July 2002. She said a division bench of the Sindh High Court had, meanwhile, declared the trial of human rights activist Sharma by a military court unlawful. Ghulam Abbas was also a civilian and could not be tried under the PAF Act.

Ghulam Abbas, a PAF contractor for oil supply, was in the meantime tried by a field general court martial at Chaklala and sentenced to 23 years' rigorous imprisonment. He is undergoing imprisonment at Adiala Jail, Rawalpindi.

A division bench dismissed the habeas corpus petition as infructuous. A subsequent petition was dismissed as the detainee had already been tried and convicted and was serving his jail term outside the territorial jurisdiction of the high court.

The petitioner sought a review of the dismissal order as, she submitted, Ghulam Abbas was removed from the court's jurisdiction with a view to creating the jurisdictional bar. She said there was no estoppel against constitutional or legislative acts.

She said a civilian could not be tried or convicted by a military court and requested the court to declare his trial as illegal, unlawful, coram non judice and without jurisdiction.

She also sought the production of the convict in the court.

The review plea was heard on Saturday by Justice Zia Perwez, who was a member of the division bench that dismissed the habeas corpus petition.

Deputy Attorney-General Nadeem Azhar Siddiqui argued that the review petition was not maintainable. A review was competent only when an order or judgment was sought to be reviewed for an error floating on the surface.

No new case could be allowed to be set up in a review petition. Likewise, no new relief could be requested beyond the directions sought in the dismissed petition.

The high court, the federal attorney further submitted, could exercise writ jurisdiction only when a detainee was held in custody within its territorial jurisdiction. The petitioner's husband was tried and convicted outside the territorial jurisdiction of the Sindh High Court and it could pass no order in respect of the convict, he argued.

INSURANCE FIRM: Justice Mohammad Moosa K Laghari of Sindh High Court ordered the winding up of the Pakistan Northern Insurance Company on a petition by the additional registrar of companies, adds PPI

The court appointed additional registrar Sanaullah Khan Ghauri as official liquidator for winding up the company.

The petition for winding up was filed on the ground that the company defaulted in holding eight consecutive annual general meetings since 1996 and it suspended the business. It was submitted that the company was continuously sustaining losses and had failed to pay dividend to their shareholders.

In pursuance of notices, objection was filed by Zakaria Ghani, confined in jail in respect of NAB references, who claimed major shares of company. His counsel resisted winding up of the company as the company did not receive any show-cause notices by the petitioner.

However, he admitted that due to criminal cases against the directors of the company, the working of company was affected.

The court after hearing arguments from both sides' counsel observed that it is just and equitable that the company should be wound up. "The result of the above discussion is that the company is directed to be wound up in accordance with provisions of the Ordinance."

Meanwhile, the same court while disposing of the petition for winding up Norrie Textile Mills ordered the company management to submit a reply before the commission within three weeks.