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KARACHI, Aug 2: A division bench of the Sindh High Court, comprising Justice Shabbir Ahmed and Justice Gulzar Ahmed, on Monday issued notices to the Sindh advocate-general, the Sindh home department , the IGP Sindh and others on a petition challenging the alleged detention of an activist of the Mohajir Qaumi Movement by the law-enforcement agencies.
Nighat Yasmeen submitted that her spouse Nazir Badaruddin was arrested by the law-enforcement agencies in Lahore on July 29, and brought to Karachi.
Her counsel Khurrum Maqsood said the whereabouts of the detenue were still not known and the police and other law-enforcement agencies were denying his arrest.
Citing the Sindh home department, IGP, Landhi Police as respondents, the court was prayed to direct them to explain the position and the detainee be produced in the court with a list of cases against him. It was further prayed that respondents be restrained from lodging fake FIR against him.
PLEA DISMISSED: Justice Anwar Zaheer Jamali of High Court of Sindh (SHC) on Monday dismissed in limine a constitutional petition against the alleged harassment of the members of a club by the Kalri police.
The Deluxe Recreation Club of Masan Road, Keamari town, moved the court, making the home secretary, TPO Lyari and SHO Kalri respondents alleged that the respondents were harassing members of the club.
The bench, taking up the petition, observed the objections raised by the office of the SHC regarding maintainability of the petition. The bench, agreeing with the objections, said that adequate and alternate remedy was available to the petitioner under section 22-A and 25 CrPC. The bench then dismissed the petition in limine leaving the petitioner free to seek alternate remedy from a lower court.
The same bench restored the custody of a minor boy to his mother Zeba Zareen after Master Waleed categorically stated before the bench that he wants to go with his mother. Earlier, Waleed, 7, was produced before the bench by the SHO of Saddar in pursuance of rule nisi issued by the court on a previous date of hearing.
The minor was removed from the jurisdiction of the Guardian and Ward Court, Rawalpindi to Karachi after he was allowed to live with his father Shafiquddin for seven days. Shafiquddin, respondent in the instant petition, instead brought the boy to Karachi.
The bench, giving the custody of minor to his mother, asked the parties to seek remedy from relevant court of law.
ORDER SET ASIDE: An appellate bench of the High Court of Sindh for accountability courts, comprising Justice Mohammad Mujeebullah Siddiqui and Justice Mohammad Afzal Soomro, on Monday allowed an appeal preferred by a convict Maqsood Ahmed in the Thatta Cement Factory case.
The appellant challenged a judgement by an accountability court (ACC-I) which sentenced the appellant to serve a three-year term and to pay a fine of Rs17,890,200. In case of default, the appellant was ordered to serve a simple imprisonment for one year.
When the appeal came up for hearing, counsel for the appellant submitted that the same illegality was committed at the re-trial and the prosecution witnesses were examined in the absence of accused.
The counsel also submitted that the main accused, Syed Riaz-ul-Hasan Rizvi, was acquitted by the trial court. The bench, perusing the case papers and judgments, allowed the appeal, setting aside the conviction and sentence awarded to the accused.
According to prosecution, the appellant in collusion with main accused caused a loss of Rs41.19 million to Thatta Cement in the year 1998. The same court also admitted an applicant Anwar Yousuf Raza to interim pre-arrest bail against a solvent surety of Rs0.3 million.
KILLING CASE: An anti-terrorism court in Karachi, headed by Judge Feroz Mehmood Bhatti, on Monday adjourned the hearing of a sectarian killing case against two activists of the banned Lashkar-i-Jhangvi on non-appearance of the defence counsel.
Abdul Wahab Afghani and Shahnawaz alias Shani are charged with killing nine persons and injuring eight others at an Imambargah in Al-Falah Society on Feb 22, 2003. According to prosecution, Wahab and Shahnawaz, with other absconding accused, fired on people with automatic weapons when they were going to offer Maghreb prayers in Imambargah Al-Muntazir Al-Mehdi at Al-Falah Society Malir.
The trial, which is being conducted inside central jail Karachi, has now been fixed for Aug 7. Special Public Prosecutor Maula Bux Bhatti is representing the state. -Agencies
