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| 11 September 2004 | Saturday | 25 Rajab 1425 |
SHC adjourns hearing of Amir Khan's application
KARACHI, Sept 10: A division bench of Sindh High Court comprising Justice Wahid Bukhsh Brohi and Justice Rehmat Hussain Jaffery adjourned on Friday the hearing of a criminal revision application filed by Amir Khan
, General Secretary of the Mohajir Qaumi Movement for a date to be fixed later by the office of the court.
The applicant moved the High Court through his counsel, Khawaja Naveed Ahmed challenging his trial before an anti- terrorism court on charges of double murder. The applicant sought transfer of case and trial by a session court.
MQM's general secretary Amir Khan and its activist Muhammad Tariq are being tried in anti-terrorism court on the charges of killing two activists of their rival group Muttahida Qaumi Movement in by-elections of National Assembly constituency NA-255 Karachi on June 23, 2003. It was contended in the application that killing case against Amir Khan had no nexus with Section 6 of the Anti-terrorism Act, 1997.
NOTICE ISSUED: The Sindh High Court has issued notice to deputy attorney general, director-general, Federal Investigation Agency and director, FIA, Karachi, for Sept 24, on two petitions filed by the United Bank Limited, praying to declare the proceedings, including investigation and enquiry, being conducted by the FIA, as illegal.
The notice was issued on Friday by the division bench of the SHC, comprising Chief Justice Syed Saeed Ashaad and Justice Syed Zawwar Hussain Jafferey, after hearing Nafees Siddiqui, who advocated the UBL.
The petitions also prayed the court to direct the respondents to refrain from holding investigation and/or enquiry or even interfering in affairs of the petitioner, who being a private bank was not under the control of the federation and thus was not liable to any investigation or enquiry or prosecution, as being out of scope of functions and powers of the FIA, which had no domain over private banks.
The petition said on completion of restructuring, bids were invited for privatization of the UBL, and a UAE-based group and the Bestway, London, offered the highest bid and acquired the management and control of the bank in October, 2002.
It was submitted that the purchaser of the UBL acquired ownership of the bank, including all assets and liabilities. Therefore, nexus of the FIA enquiry No 15/1999, with whatever self-assumed suo moto power of investigation and enquiry, was exercised by the FIA in respect of acts and omissions alleged to have been committed during transition period of six years.
Therefore, the agency was left with no power to continue enquiry or investigation into the matter, which came to an end with transfer of management of the bank to the new owners, it was submitted.
The petitioner further submitted that whether the FIA could investigate or enquire into offences specified in the Schedule of the FIA Act, 1974, which were alleged to have been committed in respect of employees of a corporation, body or organization, not under control or administration of the federal government?.
Whether the FIA could investigate or enquire into cases where no complaint had been lodged by any individual or company or fraud alleged to be committed in a bank, be that a private bank or a bank set up, controlled or administered by the federal government.
CONTEMPT NOTICES: A division bench of the Sindh High Court, comprising Justice Shabbir Ahmed and Justice Muhammad Mujeebullah Siddiqui, on Friday issued contempt of court notices to director, Directorate of Customs Intelligence, Khalid Mehmood, and Appraising Officer Ashfaq Ali Khan.
The bench was hearing a contempt of court application filed by Ismat Mehdi Advocate, counsel for Shehzad Ahmed of the Shehzad Corporation, as the alleged contemnor failed to release a consignment despite the court orders dated 7-9-2004.
The counsel argued before the court that in the above mentioned order in a constitution petition filed by the applicant, the court had declared that the respondents blocked the goods transgressing their powers. -APP/PPI
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