KARACHI, Nov 15: The Sindh High Court adjourned the hearing of cross appeals in US journalist Daniel Pearl murder case on Tuesday due to absence of two defence lawyers. An appellate bench, comprising Justices Rehmat Hussain Jafri and Ali Sain Deno Metlo, was informed that Khawaja Naveed Ahmed, counsel for appellant Fahad Nasim, had gone to Islamabad to conduct a case in the Supreme Court while Rai Bashir, counsel for Sheikh Mohammad Adil, could not come from Lahore despite intimation.
Abdul Waheed Katpar, counsel for Ahmed Omar Sheikh, the principal accused, informed the bench that his client had no intention to move an application for recording of further evidence ‘for the time being’. He had told the court on the previous date of hearing that Omar wanted to make an application for recording fresh evidence in the light of new material he had discovered in his support.
Omar was sentenced to death and Fahad, Adil and Salman Saqib to life imprisonments for kidnapping and killing Daniel Pearl by an anti-terrorism court at Hyderabad on July 15, 2002. They were also to pay compensation to the journalist’s widow. The convicts challenged the ATC verdict and the state, represented by Advocate Raja Qureshi, sought enhancement of the punishment awarded to the three co-accused.
FIRING CASE: A division bench of the Sindh High Court referred former minister’s application for bail in the Shikarpur firing case to the chief justice and extended the interim order against his arrest.
Granting protective bail on Nov 10, a division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Athar Saeed, had observed that the interim order would be subject to ‘an appropriate order’ to be passed by the bench which would hear the matter on Nov 15.
The matter was assigned to a division bench, comprising Justices Ghulam Rabbani and Munib Ahmed Khan. The bench observed that it was not clear whether the matter would be heard by it or the bench that passed the interim order or the bench seized of criminal appeals.
Earlier, Advocate Raja Qureshi, counsel for the applicant, argued that Advocate Raza Hashmi, who appeared against the ex-minister in a kidnapping case on behalf of the complainant, could not represent the state as public prosecutor.
Advocate Hashmi said he withdrew his power of attorney soon after filing it on behalf of the complainant, Mohammad Iqbal, who lodged an FIR against the ex-minister and others for kidnapping his son, Omar Iqbal, and releasing him on payment of ransom. demolition: The Sindh High Court asked the Karachi Building Control Authority on Tuesday to serve a two-week notice for demolition of an apartment complex constructed in the Federal ‘B’ Area after amalgamation of three separate plots meant for ground-plus-two-storey bungalows.
A petition against the unauthorized structure was moved by a non-governmental organization, which also impleaded the KBCA as a respondent. The petitioner’s organization failed to appear on Tuesday but a bench, comprising Chief Justice Sabihuddin Ahmed and Justice Athar Saeed, proceeded with the hearing as the petition involved a matter of public interest.
Advocate Shahid Jamil Khan filed a counter-affidavit on behalf of the KBCA, saying that the building was raised in gross violation of the law and rules. Notices for its demolition were issued but the KBCA could not proceed because of the interference of ‘the area residents and the union council nazim’.
Owners of three plots (R-1049, 1050, 1051) in Block 3 of Hussainabad, F.B. Area, the counsel said, were given approval separately for three ground-plus-two-storey bungalows.
They were to leave the mandatory open space uncovered under the approved plans. However, the three plots were amalgamated and were covered by a single roof. A building consisting of small flats was raised over the unlawfully merged plot. The counsel said the violation was too gross to be regularized under the law.
Disposing of the petition, the court allowed the KBCA to serve at two-week notice on the offenders and proceed in accordance with the law.
