KARACHI: Probe ordered into forced withdrawal of petition
By Our Staff Reporter
KARACHI, June 23: An SHC bench comprising Chief Justice Saiyed Saeed Ashhad and Justice Zia Perwez asked the advocate-general to have an inquiry conducted into the allegation that certain police officers compelled a petitioner to withdraw his petition.
Advocate Suleiman Habibullah, appearing for petitioner, Ibrahim Rais, submitted that he had no option but to seek withdrawal of the petition against the arrest and detention of Moulvi Amanullah Rais as he had been instructed by his client, the detainee's uncle, to do so under police pressure.
He said the petitioner was being constantly harassed and had been warned of dire consequences by police officers if he continued to pursue his petition. Petitioner Ibrahim Rais said Moulvi Amanullah Rais, pesh imam (prayer leader) of Mubarak Masjid, Lyari, was taken into custody on June 12 for allegedly having instigated the suicide bomb attack at Hyderi Masjid, Madressatul Islam. The raid on his house was conducted by a CID DSP and he had not been produced before a judicial magistrate since his arrest.
The police failure to seek his remand had rendered his arrest and detention unlawful, said the petition. Allowing the counsel's request for withdrawal of the petition, the bench asked Advocate-General Anwar Mansoor Khan, who was present in the courtroom for another case, to have the conduct of the police officers, who allegedly forced the petitioner to withdraw his petition, investigated.
PZC CASE: A Sindh High Court division bench on Wednesday continued hearing of a writ petition against reconstitution of the provincial zakat council (PZC), since restored, in order to pass a detailed order to streamline the system of formation of zakat councils at various levels.
The petition has been filed by PZC members, some of whom were removed, against reconstitution of the council under the chairmanship of Justice (r) Mohammad Roshan Essani in place of Justice Anwar Zaheer Jamali. Additional Advocate-General Sarwar Khan showed the bench a notification withdrawing the earlier notification reconstituting the council on the last date.
The petitioners' counsel, Raja Qureshi, insisted that the impugned notification still held the field and the bench fixed June 23 for further proceedings. The PZC secretary, Qamar Ahmad Shaikh, who has been cited as a respondent, first produced the photocopies of the council record, and later submitted the original record as directed by the bench, consisting Justices Sarmad Jalal Osmany and Mohammad Sadiq Leghari.
The notification of his own appointment as secretary could not, however, be traced in the record. The secretary submitted that the former council headed by Justice A. Z. Jamali had been restored.
Insofar as the petitioners were concerned, they had either been reappointed to the council or made members of the district zakat councils. The AAG requested the bench to dispose the petition of as having borne fruit. The bench observed that it would continue proceedings on Thursday in order to streamline the constitution and working of zakat councils after a detailed hearing.
FIR ORDER SUSPENDED: The bench also suspended an additional district judge's direction for registration of a case against certain customs officials in the killing of a detained narcotics smuggler till June 30.
A judicial inquiry into the custodial death was held by Additional District and Sessions Judge (West) Mohammad Saghir Rana. The judge held a number of customs officials responsible for the death and directed that an FIR be registered so that the incident could be thoroughly investigated and the truth of the matter was ascertained. He found the customs officials guilty of concealing or suppressing facts.
Petitioners Rahim Bux Abro, legal consultant, Customs House, Asif Ali Shaikh, Inspector, Preventive Service, Preventive Officer Ejaz Ali Khoso and the Customs lock-up incharge, Nazeer Ahmad Qureshi submitted that the smuggler was found to have committed suicide and the ADJ, while recording his findings, had no authority to seek registration of a murder case.
Advocate-General Anwar Mansoor Khan, who appeared on court notice, said he required time to seek instructions and for filing comments. Advocate Khwaja Naveed Ahmed, who appeared for the petitioners, said he had no objection to an adjournment if the operation of the ADJ's order was suspended in the meanwhile as his clients apprehended arrest. The bench adjourned the proceedings to June 30 to enable the AG to seek instructions and suspended the impugned direction till then.
BAIL GRANTED: Justice Ataur Rehman of Sindh High Court on Wednesday granted bail to one, Iftikhar Ali, in a sum of Rs200,000 in a murder case, adds PPI. Police had arrested him in connection with murder of his sister-in-law, Ms Nureen, on July 29, 2003 in Steel Town area.
