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KARACHI, Dec 6: A division bench of the Sindh High Court dismissed on Tuesday a petition moved by former provincial minister Imtiaz Ahmed Shaikh for quashment of a kidnapping-for-ransom case against him.
The petitioner submitted through Advocate Raja Qureshi that there was no likelihood of his conviction on the basis of the material produced by the prosecution. He was not involved in the offence and had been implicated in the case as part of the political vendetta being pursued by the chief minister against him. The high court, he said, had inherent power to quash a bogus criminal case.
Representing the state, Advocate Raza Hashmi questioned the maintainability of the petition in the light of Supreme Court judgment in Tariq Mohsin’s case. The SC, the counsel submitted, had held that an accused should first exhaust his remedies before the trial court, particularly when factual evidence was required to be recorded in a matter. The petitioner, he said, had approached the high court without moving the trial court, which was seized of the prosecution evidence.
According to the prosecution, the petitioner and six other accused, including Atique Siddiqui and Agha Asghar, kidnapped for ransom Omar Iqbal, son of Zafar Iqbal from Qayyumabad, Korangi, in 2003. The ransom of Rs 700,000 was paid at the ex-minister residence in Defence Housing Society. The complaint was lodged by the victim’s father.
A division bench, comprising Justices Mohammad Afzal Soomro and Rehmat Hussain Jafri, dismissed the petition with the observation that the accused should first agitate the matter before the trial court.
BAIL REFUSED: Justice Mrs Qiaser Iqbal, meanwhile, dismissed an application for bail moved by Abdul Latif, who is facing trial in a bank robbery case but directed the trial court to complete recording of evidence within a month. According to the prosecution, Rs 3 million were robbed from a Risala bank branch earlier this year.
The applicant submitted that he had been charged on mere suspicion. No identification parade had been held and the case was proceeding on bland assertions made by the prosecution.
Contesting the bail plea, Assistant Advocate-General Agha Zafir Ali submitted that the trial was in progress. The prosecution witnesses, specially the bank guard, who could identify the accused were yet to be examined and cross-examined. He said the trial court had dismissed the applicant’s bail application for cogent reasons.
NOTICE TO SP: The judge also issued notices to the Risala police superintendent and the Eidgah station house officer for allegedly interfering with the smooth functioning of Birch Club, old Ghasmandi, despite a high court order.
Advocate Junaid Farooqui stated that the police parked their mobile in front of the club and interrogated its members, causing harassment among them. He called for the police officers’ trial for contempt. The court issued a show cause notice for Dec 20.
NOTICE ISSUED: The Sindh High Court on Monday issued a notice to a provincial government law officer in a petition moved by a landlord allegedly keeping a nine-member Bheel family in detention.
Abdur Rehman Marri submitted through Advocate Fareed A. Dayo that he was being harassed by the police. Raids were being conducted for his arrest. He said he was prepared to give an undertaking to appear before the Supreme Court, which had issued notices in exercise of its suo motu powers on a complaint by a Swedish human rights activist if his safety and dignity were ensured.
The petitioner claimed that he had given a ‘taqavi’ loan to Munno Bheel, the head of the allegedly detained family, and he had levelled false allegations against him through human rights activists to evade his liability. He said he had been exonerated time and again and the result would not be different this time if a probe was impartially conducted.
A division bench, comprising Justices Mohammad Afzal Soomro and Rehmat Hussain Jafri, asked a provincial attorney to appear before it on Dec 7 to explain the correct position.
PLEA DISMISSED: The Sindh High Court on Tuesday dismissed bail application of a travel agent in a human trafficking case, adds PPI.
Mirza Fareed Ahmed was arrested by the FIA for receiving Rs.1.3 million from six people by promising them to send US and Canada in the garb of showing them Ahmedis in 2001.
His counsel said that the matter was a business dispute as cheques given to the aggrieved persons by the applicant bounced and payment could not be made to them. He sought bail for his client, contending that FIR of the case was lodged after a lapse of four years.
