KARACHI: High Court dismisses customs officials’ plea
By Our Staff Reporter
KARACHI, Oct 13: The Sindh High Court dismissed a petition moved by four customs officers to challenge an inquiry report holding them responsible for the death of an alleged Nigerian trafficker in the customs lock-up.
Petitioners Rahim Bux Abro, Asif Shaikh, Ejaz Khoso and Nazeer Ahmed Qureshi submitted through Advocate Khwaja Naveed Ahmed that Michael Ameca Nawala was taken into custody at the Karachi airport on his arrival on May 28, 2002. He was found carrying three kilograms of heroin, which was seized. He was sent to the customs lock-up, where he committed suicide on the night between May 29 and May 30, 2002.
There were reports of physical torture and the provincial government instituted an inquiry. The inquiry was conducted by an additional district and sessions judge, who found that the detainee had not committed suicide but was murdered. Four customs officers were held responsible for the custodial death and ordered to be booked for murder.
The petitioner customs officers maintained that they were not given an opportunity of hearing by the inquiry judge. They were condemned unheard in violation of the principle of natural justice, they alleged, requesting the court to set aside the finding and restrain the police from registering a case against them.
Dismissing the petition, a division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Mohammad Afzal Soomro, observed that a recommendation for registration of a first information report would not prejudice the petitioners’ case. The registration would set in motion the process of investigation wherein the petitioners would have full opportunity to contest the allegation.
A baseless FIR, the bench observed, could be challenged and requested to be quashed at the trial or before it in accordance with the law. Another opportunity would be available to them at the trial.
PEARL CASE: Another division bench, comprising Justices Ghulam Rabbani and Azizullah Memon, adjourned to Nov 21 the hearing of cross appeals in the US journalist Daniel Pearl kidnapping and murder case. The principal accused was sentenced to death and three accomplices to life terms in addition to lesser jail terms on other counts by an anti-terrorism court. They were also fined and ordered to pay compensation to Mariane Pearl, the journalist’s widow.
The convicts challenged their conviction and sentences and the prosecution sought enhancement of the punishment awarded to the accomplices as, according to the prosecution, they were guilty of the same offence on the basis of identical evidence.
Builder restrained: The Sindh High Court restrained a builder from raising further construction on a Garden East plot and issued contempt notices to another for beating a petitioner on his visit to the adjacent plot along with the SHC nazir on a court direction.
According to a report submitted by the nazir, four people identified as respondent builder Rahim Jamil, Sameer Ahmed Elahi, Jawaid and Puppoo roughed up Sadruddin and Tufail Suteria when they visited plot number 171, Garden East, on Oct 4 in pursuance of a high court order. The builder was allegedly raising an apartment complex on the plot, which was meant for a single unit bungalow. On a petition moved by Mrs Tufail Sutaira and others residing in the vicinity of the site through Qazi Faez Isa, the court had ordered its nazir to inspect the allegedly violative structure in the presence of the petitioners’ and respondents’ representatives.
A division bench, comprising Justices Mushir Alam and Syed Zawwar Hussain Jaffery, issued notices to the four alleged contemners for a date in office.
On another petition moved by the residents against building of a ground-plus-four-floor structure on the adjoining plot number 170, Garden East, the bench restrained the respondent builder from raising further construction pending hearing of the case.
JAPANESE CONSULATE: The bench issued notices to the Japanese consulate-general and the Karachi Building Control Authority in an appeal against a single judge’s order dismissing a suit by M/s Chaman Investment. The plaintiff alleged that the new consulate building on Haji Abdullah Haroon Road violated the building rules and regulations. The suit was dismissed by Justice Rehmat Hussain Jaferi, who also held that the consulate could not have been sued under Section 86-A of the civil procedure code.
Representing the appellant plaintiff, Advocate Faisal Kamal Alam submitted that the dismissal order construed the CPC provision too strictly. Notices were ordered to be issued by the appellate bench for a date in office.
