KARACHI: Explanation sought on lease regularization
By Our Staff Reporter
KARACHI, Jan 17: Justice Maqbool Baqar of the Sindh High Court asked the provincial chief secretary to appear on Jan 31 to explain why a plaintiff had been denied regularization of his cancelled lease despite approval of his plan.
The plaintiff, Asif Iqbal, alleged that he was allotted land in accordance with the law but the lease was cancelled under an ordinance in 2001. He applied for regularization under the ordinance and his application was accepted.
Yet the provincial government did not withdraw its cancellation order and regularized the allotment. Additional Advocate-General M. Ahmed Pirzada is appearing for the defendant provincial government in the case.
CONTEMPT NOTICES: Justice Ataur Rahman, meanwhile, issued show cause notices for contempt of court to the city nazim, the city district government officers for enforcement and estates, the Saddar Town police officer and the Preedy station house officer for partial demolition of an electronic shop at Preedy despite a stay order granted by the high court.
Haji Abdul Ghani complained through Advocate Faisal Kamal Alam that the court restrained the municipal administration from demolishing his shop pending hearing of a suit instituted by him.
However, The city nazim ordered demolition and the two CDGK officials, the TPO and the SHO came in the dark of the night and undertook partial demolition of the premises in violation of the court order.
BAIL GRANTED: A division bench, comprising Justices Sarmad Jalal Osmany and M. Mujibullah Siddiqui, admitted former Habib Bank president Yunus Dalia to protective pre-arrest bail for 10 days in the sum of Rs 100,000 and a personal bond in the like amount.
The applicant accused was booked by the Federal Investigation Agency in a banking fraud case in 1997 on the complaint of HBL vice-president Ilyad Dadoo for allegedly causing a huge loss to the bank.
The investigation was pending when the FIA traced the accused in Karachi in the last week of December 2004. Pressing medical grounds and old age, the accused moved the high court for provisional bail to enable him to surrender before the trial court.
The bench also admitted a National Accountability Bureau accused to pre-arrest bail in the sum of Rs 500,000 and a personal bond in the like amount. A notice was issued to the NAB deputy prosecutor-general for Jan 26.
Advocate A.Q, Halepota submitted on behalf of accused Mohammad Akbar that he had been implicated in a false case and the NAB had issued a warrant for his arrest. Justice Syed Ali Aslam Jafri, meanwhile, granted bail to Mani Lal in the sum of Rs 300,000 and a personal bond in the like amount.
Advocate Fareed Ahmed Dayo submitted on behalf of the accused that he had been involved in the theft of a car left by Luxman, its owner, before leaving for Canada in 2001. He had also been alleged to have forged documents for the vehicle's registration in his name.
Advocate Dayo submitted that the accused had, in fact, purchased the car from its owner for Rs 300,000. There was no expert opinion verifying that the owner's signatures on the registration documents were forged.
It was a case of further inquiry. Favouring the arguments, the court also noted that the accused had been in custody for over six months and the investigation was over.
FSC: A Federal Shariat Court bench, comprising Chief Justice Ejaz Yusuf and Justice S.A. Rabbani, admitted an appeal to consider the legal question whether the Punishment for Zina (Enforcement of Huddod) Ordinance was applicable to Christians.
Advocate Umar Farooq Khan submitted on behalf of appellant Javed Kharal Masih that he was convicted in a sodomy case and sentenced to 20 years imprisonment and fine for abducting a boy and committing sodomy.
He said while Section 12 of the Zina Ordinance prescribed capital punishment for the offence alleged, Section 377 provided for the lesser punishment of 10 years. The accused being a poor man could not properly defend him in the trail and the state failed to appoint a competent defence counsel.
APPEAL: An appellate bench of High Court of Sindh, comprising Justice Sarmad Jalal Osmany and Justice Mohammad Mujeebullah Siddiqui on Monday disposed of four jail appeals filed by accused convicted and sentenced by Special Court for Control of Narcotic Substances, adds APP.
Malik Aslam Pervez, Yevinniya Garvirlov, Hyginus and Vishal Dhirin Hrani were sentenced to different terms on charge of being in possession of heroin powder.
