04 November 2004	Thursday	20 Ramazan 1425

KARACHI, Nov 3: The city nazim's notifications for outright merger of all three development authorities in the city district government have rightly and lawfully been superseded by the provincial local government department , Advocate-General Anwar Mansoor Khan submitted before a division bench of the Sindh High Court on Wednesday.

Contesting a writ petition moved by the nazim against the government notifications staying the operation of his directives, the AG argued before Chief Justice Saiyed Saeed Ashhad and Justice Maqbool Baqar, who constituted the bench, that under the law, the KDA, MDA and LDA should have been devolved on the respective town committees. However, the notifications issued by the city nazim merged the authorities into the CDGK straightaway and made them component parts of its groups.

The petitioner's counsel, Raja Haq Nawaz, earlier submitted that the provincial government action amounted to interference in the independence and autonomy of local body institutions.

Without incorporation of the development authorities into the CDGK, it would be rendered powerless and resourceless.

petition dismissed: A division bench of the Sindh High Court dismissed on Wednesday a petition moved by the Mohajir Qaumi Movement secretary-general Amir Khan for transfer of a double murder case against him from an anti-terrorism court to a sessions court.

Amir Khan and Mohammad Tariq, a party activist, are being tried by an ATC for killing Muttahida Qaumi Movement's Mohammad Naeem and Adnan Uzair amidst polling on the byelection day in NA-255 (Karachi) on June 23, 2003. His counsel, Khwaja Naveed Ahmed, argued that the murders being a sequel to rivalry between two the two parties did not fall within the purview of the Anti-Terrorist Act.

Contesting the transfer plea, Advocate-General Anwar Mansoor Khan submitted that the killing of party workers perpetrated as they on the election day were meant to spread terror and the case was being rightly tried by an ATC.

A division bench, comprising Justices Wahid Bux Brohi and Rehmat Hussain Jafri, which had reserved its order on Oct 20, held on Wednesday that the incident occurred during balloting in a bypoll and the victims were activists of a political party. The case fell within the purview of the ATA and the jurisdiction of the trial anti-terrorism court.

The trial court has recorded evidence in the case and it is now fixed for final arguments by the prosecution and defence counsel.

CURRENCY SMUGGLING: A division bench of High Court of Sindh, comprising Justice Sarmad Jalal Osmany and Justice Amir Hani Muslim, on Wednesday reserved orders in bail pleas filed by four alleged smugglers of foreign currency from Pakistan to Dubai.

Mehboob Cocus Wadia, Yaqoob Haroon and Yousuf sought the bail. They were booked under Customs Act for attempt to smuggle out foreign currency worth /equivalent to US $400,000.

Another bench of SHC, comprising Justice Wahid Bux Brohi and Justice Rahmat Hussain Jaffery, rejected bail plea filed by one Zubair Ahmed.

The accused was booked after recovery of 800 grams of heroin powder from a "Dera" where the accused was present.-APP