KARACHI: Doctor couple seek quashment of kidnapping case
By Our Staff Reporter
KARACHI, May 25: A doctor couple has approached the Sindh High Court for quashment of a 'hadd' case against the husband for kidnapping his wife.
Forty-three-year-old Dr Ghulam Mustafa Solangi, a grade 18 officer of the provincial health department, stated in an application filed through Advocate Syed Iqbal Haider that he married his colleague, 42-year-old Dr Amnat, at Moro, in the Naushero Feroze district, on November 30, 2002, with the consent of her mother but against the wishes of her brothers and other relatives.
They continued to live at Moro after their marriage but had to shift to Karachi in August 2003 due to harassment caused by the brothers and relatives. They threatened Dr Solangi to divorce Dr Amnat "otherwise both of them would be killed as karo kari".
The relatives continued to harass the couple even after their shifting to Karachi and Dr Amnat moved a petition in the high court. As a counter-blast, one of her brothers lodged a first information report at the Moro police station on September 18, 2003, under the Zina Ordinance alleging that Dr Solangi and his cousins kidnapped Dr Amnat from his house, "where she resided". The criminal case registered by the police is pending before a Moro sessions court.
The high court allowed the couple's plea for protective bail on September 23, 2003, and gave it a week's time to approach the Moro sessions court. The couple did not appear before the sessions court as the relatives had, meanwhile, "decided to kill both".
The local police submitted a charge-sheet despite the district police chief's instructions for the disposal of the case under Section 173 of the code of criminal procedure.
The applicants submitted that the case had been lodged with the object of exposing them to a murderous assault while going to or leaving the Moro court. It was registered when they had already shifted to Karachi.
It also involved Dr Solangi's brother, a serving army major, who was posted at Okara on the day the offence was alleged to have been committed. Sale of farm land in SITE questioned
SITE LAND CASE: The Sindh High Court asked a provincial government law officer on Monday to find out how a disputed piece of allegedly agricultural land in the SITE area was allotted under the Gothabad Scheme and subsequently sold through registered sale deeds.
A plaintiff alleged that he purchased six residential plots measuring 5,354 square yards in Gadap Town. The seller had special powers of attorney from the six allottees. The agricultural property sub-registrar registered the sale deeds in his favour but he was not being allowed to take possession of the land.
The SHC nazir, who was asked by Justice Mushir Alam to visit the site and ascertain the factual position, said in his report that the land was in possession of the Sindh Industrial and Trading Estate, which also claimed its ownership.
Appearing for the Sindh government, Additional Advocate-General Abbas Ali submitted that agricultural land could not be allotted under the Gothabad Scheme for residential purposes. Any plot allotted under the scheme could not be alienated without construction of a house on it.
The transaction was executed through special powers of attorney and stamp duty was evaded not only on the registration of sale by describing the property as farmland but also on the registration of powers of attorney. The plaintiff has not approached the court with clean hands and was not entitled to any relief.
Justice Alam asked the AAG why the government officials involved allowed such a transaction in violation of several provisions of law? The law officer submitted that he would find out from the Sindh Board of Revenue officials why the land was treated as agricultural, particularly when it was claimed by SITE, why was it allowed to be allotted under the Gothabad Scheme and why its sale deeds were permitted to be registered. The case was adjourned to a date in office.
