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July 28, 2005 Thursday Jumadi-us-Sani 20, 1426


KARACHI: SHC reserves order in liquidation case



By Our Staff Reporter


KARACHI, July 27: The Sindh High Court reserved on Wednesday its order on the bidding held for Sindh Alkalis, a government concern under liquidation.

On a petition moved by its employee shareholders, the high court had ordered its compulsory winding up and sale by public auction to protect the interests of creditors, shareholders and workers. The SHC official assignee was appointed liquidator and he advertised the bid.

A public auction was held but only a couple of bidders offered to purchase the concern. The highest bid amounted to Rs462 million while the second highest bid was only Rs500,000 less. The bidding was disputed by the second highest bidder, who said his offer was the highest at the time of closing of bids and another bidder was unjustly and unfairly allowed to improve his offer after the expiry of deadline. The Supreme Court left the matter to be decided by the SHC company judge.

Justice Khilji Arif Hussain of the high court heard the counsel for the two bidders in detail and took an undertaking from them that they would buy the liquidated concern on the basis of ‘as is where is’ and honour all its commitments and discharge all its liabilities.

Representing the petitioner employees, Advocate Noor Naz Agha said both the bids were rather on the low side but the highest bid should be accepted in the interest of all stakeholders. About 750 acres of land, she pointed out, was owned by the concern at Landhi in addition to capital assets.

The provincial government and the export processing zone, however, contested the concern’s claim that all 750 acres of land belonged to it. They said the land was owned by the government and had been allocated to the EPZ for development of export facilities. Justice Hussain reserved his order after conclusion of arguments on Wednesday.

DETENTION CASE: A division bench comprising Chief Justice Sabihuddin Ahmed and Justice Zia Pervez asked Additional Advocate-General M. Ahmed Pirzada to examine all aspects of the arrest and detention of Yasir Arafat, brother of Arshad Pappoo, who is pitted against Rehman Dakait in the Lyari gang war, and submit his report on Aug 4.

Yasir was produced amid tight security and the police said it arrested him from Chakiwara on July 23 in two cases, though there were a number of cases pending against him. In one of the cases, the accused was found in possession of one kilogram of hashish and an unlicensed pistol. According to his sister-in-law, Ms Sabira, who moved the habeas corpus petition through Advocate Suleiman Habibullah, he was taken into custody along with seven other male and female relatives by a Rangers party at Moach Goth on April 10. The petitioner said he was neither produced before a magistrate nor informed of the grounds of his arrest.

The bench found the police report unsatisfactory. It observed that the sequence of facts and events narrated by the police was highly doubtful. It asked the Lyari town police officer and the senior superintendent for investigations to bring on record the cases and inquiries pending against the detainee, AAG Ahmed Pirzada was asked to submit a comprehensive report on Aug 4. The accused was, meanwhile, remanded in judicial custody.

EXPULSIONS UPHELD: The bench upheld the expulsion of five students from the Chandika Medical College, Larkana, but allowed them to appear in the next professional exams as per entitlement.

College principal Prof Dr Sikandar Shah appeared in person and stated that the petitioners were expelled for breach of discipline. AAG Ahmed Pirzada said the provincial health secretary had already reduced the period of expulsion from one year to six months.

Adovcate Asif Razzak Soomro, who appeared for the petitioners, submitted that the petitioners had already undergone punishment and they should be permitted to appear in the final exams to safeguard their academic careers. The bench allowed the plea.

PROMOTION CASE: A division bench comprising Chief Justice Sabihuddin Ahmed and Justice Zia Pervez issued notices to the establishment secretary, the central selection board and the central board of revenue for July 29 in a petition by a senior civil servant.

Iqbal Ahmed Jumani submitted that he had been serving in grade 20 as income tax commissioner for a period long enough to qualify him for promotion to grade 21. The Federal Public Service commission had directed the central selection board to consider his case for promotion in its meeting scheduled for July 5.

The board met on July 5 but, the petitioner further alleged, it did not consider his case. Some of his junior colleagues in grade 20 were, however, promoted. The petitioner was represented by Advocates Shahanshah Husain and Naushaba Solangi.

EX-NAVAL CHIEF: A petition moved by former navy chief Mansoorul Haq against inclusion of his name in the exit control list through Advocate Azizullah K. Shaikh was on Tuesday adjourned to Aug 4.

The petitioner said he was no longer required in any case and should be free to proceed abroad. Federal government counsel Faisal Arab sought more time to obtain instructions from the interior ministry and the bench comprising Chief Justice Sabihuddin Ahmed and Justice Zia Pervez granted his request.



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