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KARACHI, Oct 22: A Sindh High Court division bench dismissed on Friday a writ petition challenging the imposition of property tax on a company engaged in constructing a container terminal at the Karachi Port Trust.
The petitioners, Karachi International Container Terminal Limited, submitted that they were an unlisted public limited company having 100 per cent foreign equity. They were engaged in building a common user container terminal at berths 28-30 situated on Dockyard Road in pursuance of a 20-year agreement signed between them and the KPT in June 1996.
The petitioners stated that under the agreement, they were to build, operate and transfer the common container terminal at the berths, which were exclusively owned by the KPT.
They were neither trustees nor tenants of the KPT nor did they hold any right to the property in perpetuity. Yet they have been burdened by the provincial excise and taxation department with a demand for over Rs 159 million on account of property tax.
Contesting the petition on behalf of the department, Additional Advocate-General M. Ahmed Pirzada submitted that berths 28-30, measuring 136,222 square metres, were in exclusive use and control of the petitioners on payment of charges at the rate of Rs 292 per square metre. The berths were not meant for use by the general public or any other company. They did not constitute a common user container.
The petitioners, the AAG maintained, were, in fact, tenant or occupier of the KPT in contemplation of the Urban Immovable Property Act, and were, therefore, liable to pay the tax.
If and when the owner failed to pay government dues, the tenant or occupier were required to clear the same. An amount of over Rs 159 million was outstanding for the last eight years and neither the owner, nor the occupier was coming forward to pay the dues.
The respondent department had acted in accordance with the law, he said. The bench comprising Justices Anwar Zaheer Jamali and S. Ali Aslam Jafri dismissed the petition after hearing the two parties.
NOTICE TO KPT: Another division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Maqbool Baqar, issued notices to the KPT and two others in an application moved by Barrister Abdul Hafeez Pirzada on behalf of Trans world Cargo Despatch Company Limited.
The petitioner company submitted that the KPT trustees and other respondents had already taken a decision to award a contract to M/s Star Terminal Limited but misinformed the court that no action adverse to the interests of the petitioner had been taken.
REMAND REFUSED: The Sindh High Court administrative judge for anti-terrorism courts on Friday refused remand of a kidnapping accused as his case did not fall within the purview of the Anti- Terrorist Act.
The case against accused Inayat Ali was registered under Section 365-A of the penal code read with the ATA. However, a report submitted by the investigation officer, police sub- inspector Ali Muhammad, said according to the investigation conducted by him and evidence made available by the complainant, the kidnapping was a sequel to a money dispute. It was not aimed at creating terror or extorting ransom as such.
Justice Amir Hani Muslim, who is SHC administrative judge for ATCs functioning in Karachi division, observed that it was apparent from the police record that the case involved simple kidnapping under Section 365 and was not triable under Section 365-A (kidnapping for ransom).
Not being a scheduled offence under the ATA, the case could be tried by an ordinary criminal court and remand of the accused be sought from a judicial magistrate of competent jurisdiction, he directed the police.
NOTICE ISSUED: The Sindh High Court issued notice to a convict serving life term in a petition seeking enhancement of his punishment to death. The convict, Nadeem Akbar Baloch, was convicted and sentenced by a sessions court in January 2002 for killing Khair Mohammad Baloch in Eidgah area in May 1997. Sher Mohammad Baloch, the victim's brother, lodged a complaint.
According to the prosecution, Nadeem Akbar suspected that Khair Mohammad had tipped off the excise police about a hashish consignment, which was intercepted and seized. He was furious over the raid conducted by the excise police and gunned the suspected informer down.
Complainant Sher Mohammad moved a criminal revision petition against the award of lesser punishment of life term. His counsel submitted that the trial court held that the case did not fall under Section 302 (A) of the Pakistan Penal Code and was not punishable with death as Qisas.
It, however, declared the murder to be punishable as Tazir under Section 302 (B). Section 302 (B) provided both for death and life term. The trial court failed to state reasons why it was not awarding the capital punishment and was sentencing the accused to life imprisonment when the offence of Qatl-i-Amad stood proved against him.
A division bench, comprising Justices Wahid Bux Brohi and Rehmat Hussain Jafri, observed that the contentions raised by the petitioner deserved consideration and directed that the convict be issued a notice for a date in office. It also issued an order for the production of the convict on the date to be fixed by SHC office.
