January 10, 2006	Tuesday	Zilhaj 9, 1426

KARACHI, Jan 9: The Sindh High Court asked the federal interior secretary on Monday to submit a personal affidavit in respect of the alleged detention of a former student of the Institute of Business Administration.

As a petition moved by Mst Zahida Leghari, mother of the alleged detainee, Affan Leghari, came up before a division bench, Additional Advocate-General M. Ahmed Pirzada, submitted a report signed by CIA SSP Manzoor Mughal. The report said the detainee had neither been arrested nor confined by any government agency and he was not detained at any police station. The interior ministry also expressed its ignorance about the whereabouts of Affan Leghari. The bench, which consisted of Justices Anwar Zaheer Jamali and Nadeem AZhar Siddiqui, said it could not issue a direction for the detainee’s production unless the detaining authority was identified. It asked the federal interior secretary to file a personal affidavit and adjourned further hearing of the case.

According to the IBA, Affan had nothing to do with the institute and was its student only for one semester in 2003.

In the matter of detention of Maulana Gul Sher of Khairpur, AAG Ahmed Pirzada informed the bench that he had been arrested under the preventive detention provisions of the Anti-Terrorist Act. The government had sufficient material to detain him under Section 11-EEE of the ATA. He said the detainee was not prepared to execute a bond for good behaviour.

The court asked the petitioner’s counsel whether the detainee was willing to submit a bond, he said he had no instructions in this regard. The hearing was adjourned.

TPO’S AFFIDAVIT: Saddar Town police officer Sanaullah Abbsai, meanwhile, submitted a personal affidavit that Mohammad Khan Jakhrani, a union council naib nazim candidate of Dadu, was neither detained by him nor was he in his custody or in the custody of any official authorized by him.

The petitioner’s counsel, Noor Naz Agha, submitted that there was discrepancy in the earlier statement and in the averments made by the TPO in his affidavit. Now he conceded that three people approached him to help obtain Jakhrani’s release. Why was he approached if he had nothing to do with the detainee’s custody? the counsel asked. The bench allowed the counsel to file a rejoinder and adjourned further hearing to a date in office.

CONSTRUCTION STAYED: The bench issued preadmission notices to the builder and the Karachi Building Control Authority in a petition alleging that an illegal and unauthorized structure was being raised on plot number SC-8, Chandni Chowk. A non-governmental organization submitted that the structure was in violation of the building rules and the approved plan.

Issuing notices for Jan 25, the bench asked the builder to refrain from any further construction in contravention of the approved plan.

SHOW CAUSE NOTICES: The bench also issued show cause notices in a contempt petition moved by the Hub River cattle market contractor Salahuddin Qureshi. The petitioner submitted through Advocate Muhammad Masood that another division bench of the high court had restrained the Lyari, Site, Liaquatabad and Keamari town committees from allowing cattle markets in their jurisdiction. The committees have, however, permitted a number of cattle markets in areas falling within their purview.

Issuing show cause notices to the respondent committees for Jan 17, the bench extended the restraint order.

PIA PLEA ALLOWED: Justice Maqbool Baqar, meanwhile, clarified at the request of the Pakistan International Airlines that the attachment of the airline’s main bank account was confined to the decretal amount of Rs 29.1 million. The amount was decreed in favour of Pakistan Engineering Consultants, who instituted a recovery suit through Advocate Yawar Farooqui for a work connected with the construction of PIA’s in-flight kitchen in Karachi.

BAIL GRANTED: Justice Qaiser Iqbal granted bail to a former director of the defunct Alliance Motors and T J Ebrahim and Company in the sum of Rs 1 million and surrender of his passport to the trial court.

Mohammad Yunus submitted that he joined the defunct companies only because their sponsors, Pir Asghar Ali Qureshi and Pir Hamid Ali, followed the same spiritual leader. He held the office of director for a few months and was involved in the companies’ operations whereby they cheated investors of their life-time’s savings amounting to Rs 5 billion by promising fabulous monthly profits.

The applicant stated that the trial of the Alliance Motors reference in the accountability court was proceeding at a snail’s pace and only 22 of the 191 prosecution witnesses had been produced and examined so far. He had been behind bars since 2002 and the main accused in the case have already been released on bail, he maintained.

BAIL DISMISSED: The judge dismissed the bail application of Syed Asad Raza Abid Raza and two others in an illicit arms case. The four accused, who have also been charged with attempt to murder, are accused under Section 13-D of the Arms Ordinance of trying to conceal firearms in a graveyard.

Contesting the application, Advocate Sadaruddin Qureshi submitted that there was plausible evidence against the accused and the trial sessions court had rightly rejected their plea.

Dismissing the application, Justice Qaiser Iqbal, however, directed the sessions court to conclude the trial within a month and a half.