04 September 2004	Saturday	18 Rajab 1425

KARACHI, Sept 3: A division bench of the Sindh High Court dismissed on Friday a constitutional petition moved by a detained accused in an accountability reference pertaining to an allegedly bogus lease and illegal conversion of land.

Tapedar Abdul Aziz Mahar is being tried by an accountability court for abetment in award of lease for 16 acres in Deh Rehri, Malir, on fabricated documents. The lease was obtained by Aziz Jatt, the absconding main accused, for poultry farming.

According to the accountability bureau, the accused also put the 16-acre leasehold to commercial and residential use without seeking any permission or paying any conversion dues. They caused a loss of Rs 5.5 million to the provincial exchequer by evading the actual price and other dues.

Appearing for the petitioner, Advocate Raja Qureshi argued that as a tapedar he had no role in sanctioning the lease. He incurred no criminal liability by processing the lease documents. There was no evidence against him and he should be ordered to be released on bail in exercise of the high court's constitutional jurisdiction.

Contesting the petition, NAB deputy prosecutor-general Shaukat H. Zubedi and Advocate Amanullah Khan submitted that the petitioner aided and abetted the commission of the offence and was liable for fraud and forgery and the consequential loss caused to the public exchequer.

The bail plea was not maintainable and liable to be dismissed under the provisions of the Constitution and the NAB Ordinance. For reasons to be recorded later, the bench, comprising Justices AnwaR Zaheer Jamali and Maqbool Baqar, dismissed the petition.

NOTICE TO KESC: Another division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Zawwar Hussain Jaffery, issued the Karachi Electricity Supply Corporation a notice in a petition moved by a private company against excessive billing.

Mrs Farhat Paracha, chief executive of M/s International Merchandise and wife of businessman Saifullah Paracha, who is detained in Kabul for suspected links with Al Qaeda, stated through Advocate Nisar A. Mujahid that the company was issued a bill of Rs110,500, which was much above the actual consumption charges for 86 units. The charges for previous months were also considerably high.

The illegal enhancement of connected power load led to issuance of notices for payment of additional security deposit. The petitioner maintained that the impugned notices for security deposit and notices for enhancement of connected load through 'forced test report' were a nullity in the eyes of law. The bench directed that notice be issued to the respondent corporation for a date in office.

APPEALS DISMISSED: The Sindh High Court dismissed on Friday two appeals moved by Saddar Town Nazim Farooq Faria and co-accused Habib Ahmed against issuance of bailable warrants for their arrest in a case of criminal trespass.

The warrants were ordered to be issued by a judicial magistrate of District South. According to an FIR registered by the Artillery Maidan police on a complaint lodged by former secretary of Muslim Gymkhana Siddique Balwani, they were among the 30 to 40 people who ransacked the club on Jan 15, 1998. Other accused included ex-MNA Aziz Memon (formerly of the UBL), Ibrahim Sodagar, Rehmatullah Polani and ex-councillor M. Sabir.

The complainant alleged that the accused, carrying firearms, forcibly entered the club premises, snatched guns from its guards and intimidated its staff and members. They also allegedly damaged the gymkhana property and removed various articles. They also took away $ 15000 from a locker of the club.

The two appellants challenged the judicial magistrate's order to issue warrants for their arrest before an additional district and sessions judge. The ADJ dismissed the appeal and they moved the high court.

Appearing for the appellants, Advocates Mohammad Ali Abbasi and Saify Ali Khan argued that their names were not initially mentioned in the FIR. They were nominated as accused subsequently as an afterthought. The FIR was lodged after considerable delay, they maintained.

Appearing for complainant Siddique Balwani, Advocate Javed Mir Shaikh denied the assertions and submitted that warrants were issued on their failure to join the investigation and trial of the case. Justice Azizullah M. Memon dismissed the appeals against the ADJ's order upholding the warrants issued by the JM after hearing the two sides.

DUMPERS: A division bench of High Court of Sindh, comprising Justice Sabihuddin Ahmed and Justice Khilji Arif Hussain, on Friday allowing an application filed by Acheck Enterprises, ordered release of dumper trucks, adds APP. The bench also ordered forthwith release of consignments once Customs duty at a rate of 40 per cent and other relevant taxes are paid by the petitioner company.