KARACHI, March 21: The Sindh High Court maintained the conviction of a man in a kidnapping-for-ransom case on Tuesday but commuted his death penalty to life imprisonment. Shahzad was sentenced to death by an anti-terrorism court of Karachi on Feb 9, 2005, having been found guilty of kidnapping a boy for ransom. Along with absconding co-accused Zahid, Jahangir and Babul, he was tried for kidnapping Hasan Javed, son of an auto parts dealer, within the territorial limits of Risala police station, on Dec 9, 2004. The accused demanded Rs50,000 for the boy’s release.
He challenged his conviction and sentence in the high court and a division bench, comprising Justices Rahmat Hussain Jafferi and Sain Ali Dino Metlo, dismissed the appeal but commuted his death penalty to life imprisonment by a short order. The detailed reasons would be recorded by the bench later.
The bench also disposed of a petition by a general manager of the Pakistan Telecommunication Company Limited against alleged harassment by National Accountability officials. Mureed Ali Shah said he and members of his family were being harassed by the officials.
NAB additional deputy prosecutor-general Ainuddin Khan assured the bench the bureau and its officials would act in accordance with the law and no harassment would be caused to the petitioner. The petitioner’s counsel did not press the petition after the assurance and the bench disposed it of accordingly. ex-cadet’s plea: The Sindh High Court issued a notice to a deputy attorney general in a petition against the trial and conviction of an ex-cadet by a field general court martial (FGCM).
Mohammad Imtiaz, an former cadet of the Pakistan Air Force, was convicted and sentenced to nine years and six months in prison by an FGCM in October 2004. The military court found him guilty of committing acts prejudicial to good order and discipline of the PAF by taking oath of allegiance to an ‘ameer’ and receiving arms training at Balakot in June 2003 without any authorization from the competent authority.
His appeal against conviction was turned down by the standing court of appeal. A mercy appeal before the competent authority was also rejected.
He moved a petition in the high court claiming that he enrolled in the PAF in August 2001 after obtaining a diploma in associate engineering and was included in the list of PAF personnel. He contended that the FGMC had no jurisdiction to try him as his case fell within the purview of a civilian anti-terrorism court.
The petitioner alleged that the FGMC failed to appraise evidence in accordance with the settled principles and he was convicted on basis of inadequate and unreliable evidence. He prayed to the court to set aside his conviction and order his reinstatement in service.
His counsel, Asif Malik, argued that the petition was not barred by Article 199 of the Constitution. A division bench issued a federal attorney a preadmission notice to hear arguments on the maintainability of the petition.
Notice to EOBI: A division bench of the Sindh High Court issued notices to the Employees Old-Age Benefits Institution and others for April 6, 2006, in a petition questioning EOBI employees transfer.
Ahmed Anjum and others contended that their transfer orders were based on mala fides as several cases between the petitioners and the respondents were pending in the high court.
Their counsel, Kashif Paracha and Syed Hyder Imam Rizvi, maintained that the impugned orders were violative of the petitioners’ right to have access to justice.
An SHC bench, comprising Chief Justice Sabihuddin Ahmed and Justice Mrs. Qaiser Iqbal, issued notices after preliminary hearing.
Market demolition: A Sindh High Court division bench on Tuesday gave the Karachi Building Control Authority a last chance to demolish an unauthorized market.
A non-governmental organization submitted through Advocate Abdul Jabbar Korai that ‘Meiji Market’ on plot number MR 1/166 on Altaf Hussain Road, Saddar Town, had been constructed in gross violation of the building rules and regulations. The KBCA had failed to act despite a court order.
A division bench, comprising Justices Mohammad Moosa K. Leghari and Maqbool Baqar, ordered the respondent KBCA to comply with the court order.
Another division bench, meanwhile, ordered attachment of a building raised on plots 1/13 and 1/14 in Khori Garden, Saddar. The bench also directed the public utilities not to sanction connections for the building.
Notice to PTCL: The Sindh High Court on Tuesday issued notices to the ministry of communications, Pakistan Telecommunication Limited and others for March 28 on a petition against dispossession of an ex-PTCL employee, adds PPI.
