25 September 2004	Saturday	09 Shaban 1425

KARACHI, Sept 24: A division bench of Sindh High Court, comprising Chief Justice Saiyed Saeed Ashhad and Justice Syed Zawwar Hussain Jaffery, directed the federal interior secretary and provincial home secretary to make concerted efforts to find out the whereabouts of two boys , sons of a deceased MPA Afzal Anwar, and submit reports within a week.

The bench was hearing a constitution petition filed by Nuzhat Afzal, mother of Kashan Afzal and Zain Afzal who were picked up on the night between Aug 12 and 13 from their residence.

Earlier when the petition came up for hearing, Deputy Attorney General Syed Zaki Muhammad and Sindh Additional Advocate General Sarwar Khan submitted reports of the law enforcing agencies.

One of the reports submitted by the DAG stated that the missing boys were not in custody of Intelligence Bureau while reply was awaited from the ISI. Sindh Additional Advocate General also denied the arrest of missing boys by the police.

Choudhry Iqbal and Shiraz Iqbal, counsels for the petitioner, submitted that 42 days had already elapsed but the authorities failed in locating the missing persons. Perusing the reports, the bench directed the AAG to inform the home secretary to make all possible efforts to trace out the whereabouts of the detenues.

The DAG was also directed to inform the interior secretary to make all efforts through all possible means to trace the detenues. The provincial home secretary and federal interior secretary were further directed to submit their reports within a week.

FIA RESTRAINED: The High Court of Sindh restrained the Federal Investigation Agency from causing any harassment or summoning executives and officers in two constitutional petitions filed by the United Bank Limited.

When the petitions came up for hearing before the division bench comprising Chief Justice Syed Saeed Ashhad and Justice Syed Zawwar Hussain Jafferey, UBL Advocate Nafees Siddiqui contended that ever since its privatization in October 2002, the FIA had lost its jurisdiction to investigate and enquire into the scheduled offences as it was no more a nationalized bank under the control and administration of the federal government.

Deputy Attorney General S. Zaki Ahmed, Sindh Additional Advocate General Sarwar Khan and some FIA officials, present in the court, sought time for filing comments. Nafees submitted that on completion of restructuring, bids were invited for UBL's privatization and a UAE Group and Bestway of London made the highest bid and acquired the bank in October 2002.

Therefore, the nexus of FIA enquiry with whatever self- assumed suo moto power was exercised in respect of acts and omissions, which were alleged to have been committed during transition period of six years. He maintained that the agency was left with no power to continue inquiry, investigation in the matter, which came to an end on the transfer of management.

The matter was adjourned by the bench till Oct 12 and the respondents were restrained from causing any harassment or summoning executives and officers of the petitioner till then.

NOTICE TO NAB: A division bench of Sindh High Court comprising Justice Anwar Zaheer Jamali and Justice Maqbool Baqer issued notice to the state and National Accountability Bureau for Oct 7 in a constitution petition filed by Noor Qadir Tawakkal, son of Abdul Qadir Tawakkal of the Tawakkal Group of Companies.

The petitioner sought quashing of proceedings in a NAB reference 7/2004 or release him on bail. He maintained that the NAB chairman on Oct 28, 2002 ordered investigation in the matter of Naya Door Motors Limited (NDML). The petitioner was arrested on Dec 5, 2003 on the pretext that he was NDML director having 40 per cent of shares and failed to satisfy the investigator during interrogation.

The petitioner was then booked and charged before an accountability court. The prosecution submitted a list of 22 witnesses before the trial court alleging that the petitioner along with absconding co-accused operating under the Tawakkal Group of Companies through advertisement in media invited people dishonestly, induced them at large and received payments.

However, it was alleged that they failed to supply the cars and misappropriated Rs753.687 million. The counsel for petitioner contended before the court that there was no evidence or material to connect him with the commission of alleged offence.

He was implicated only because he was son of Abdul Qadir Tawakkal, the counsel maintained. He prayed to the court either to quash proceedings or to release him on bail. After hearing initial arguments, the court issued notices to the NAB and other respondents for Oct 7.

PLEA DISMISSED: A division bench of Sindh High Court, comprising Justice Sabihuddin Ahmed and Justice Arif Hussain, dismissed a constitution petition filed by the Brooks Pharmaceuticals against imposition of sales tax on its product "Pyodine" - mouth wash.

The petitioner maintained that its product is a registered drug and as such it should be exempted from sales tax. Raja Iqbal advocate appearing for the sales tax department pleaded that undoubtedly drugs were exempted from sales tax.

However, he said that the particular product fell in Chapter 33 of Customs Tariff read with entry 0404 of Central Excise Act, thus, levy of sales tax was compulsory and according to law. Later, the bench dismissed the petition. -APP/PPI