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February 24, 2006 Friday Muharram 25, 1427


KARACHI: Utilities told not to provide connections to illegal building



By Our Staff Reporter


KARACHI, Feb 23: The Sindh High Court restrained public utilities from providing connections to an unauthorized building in Bohri Bazaar, Saddar, Karachi.

A petition against the construction of the building was moved by a non-governmental organization. It said no structure in the area could exceed five floors, including the ground floor. But the offending builder had already constructed eight floors. The Karachi Building Control Authority had taken no action against the builder, the petitioner stated.

A division bench, comprising Justices Syed Zawwar Hussain Jaffery and Maqbool Baqar, called for comments from the KBCA and appointed the court nazir to inspect the site. The nazir confirmed that the eighth floor was being built but that the KBCA had no record as, according to its officials, the documents had been seized by the anti-corruption establishment.

KBCA counsel Shahid Jamil Khan submitted that the record was taken away by the anti-corruption establishment and the KBCA could not proceed in its absence. It could not have sanctioned more than four floors in addition to the ground floor. Pending the availability of record, he requested the court to restrain other agencies from providing connections to the unauthorized structure as they were also obliged to ensure conformity with the building rules and regulations.

The bench restrained the registrar of properties from registering any transaction in respect of the building and the Karachi Electricity Supply Company, the Sui Southern Gas Company Limited and the Karachi Water and Sewerage Board from sanctioning any connection to it.

Asif’s plea: The Sindh High Court admitted to regular hearing on Thursday a criminal revision application moved by former federal minister Asif Ali Zardari for exemption from personal appearance at the trial of Mir Murtaza Bhutto murder case.

Advocate Azizullah Shaikh submitted before Justice Mohsmmad Moosa K. Leghari that the applicant had left the country for medical treatment with the court’s permission. He was still under treatment in the US. He also faced threat to his security and the home department itself had made arrangements for his trial in prison. Yet the trial court not only rejected his plea for exemption but also issued a non-bailable warrant for his arrest.

Contesting the application, special prosecutor M Ilyas Khan stated that the applicant was allowed exemption for a definite period and the trial could not be held up indefinitely to enable him to appear. The applicant had misused the court’s permission as a licence to stay abroad for an unspecified period.

Admitting the application, the court directed the office to fix it for regular hearing in April. It noted that since the trial court had itself stayed the execution of arrest warrant, there was no need for an interim order.

The ex-minister had been arraigned with a former chief minister Abdullah Shah and a number of police officers for conspiring to kill Mir Murtaza Bhutto and seven members of PPP (Shaheed Bhutto) near his Clifton residence in Karachi in September 1996.

Indian films: The Sindh High Court on Thursday adjourned the hearing of a petition against ban on release of Indian films in Pakistani cinemas till March 14, adds PPI.

Pakistan Film Exhibitors Association seeks to review the policy behind the ban on Indian films, which has lasted for past 40 years.

As matter was taken up before SHC’s division bench, comprising Justice Ghulzar Ahmed and Justice Mohammad Athar Saeed, the petitioner’s counsel requested the court to allow him to amend the petition.

The court, by consent, allowed the request to amend the memo of the petition, and adjourned the hearing till March 14.

The petitioner submitted that despite the ban, legal or otherwise, Indian films have continued not only to enter into Pakistan, but substantially penetrated in society with impunity.

The association claimed that the policy of the government has destroyed Pakistani cinema and film industry and has virtually seen the complete closure of cinema-houses throughout the country.

SHC NOTICE: The Sindh High Court on Thursday took notice of non-compliance of a court order by an FIA official in human smuggling matter and gave him last opportunity to submit compliance report within 10 days.

The court, rejecting the bail application of Mohammad Akram in human smuggling case, had noticed that the investigation officer, Noor Mohammad Kaka, did not apply Section 22 of the Immigration Ordinance 1979 in the case despite allegations by witnesses that they were given assurance of getting jobs abroad.

The director-general of FIA was asked to look into the matter and find out reasons why that was done. The court ordered that action, taken be communicated to court on Jan 20.

As the matter was taken up before SHC’s single bench, comprising Justice Mohammad Moosa K Laghari, the court took notice of non-compliance of court order despite the fact that the investigation officer was given one month extra time to submit the report.

Giving a last opportunity to the IO, the court directed that report be submitted within 10 days and observed that in case report is not submitted, the DG FIA would have to appear before the court on March 14.






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