KARACHI: KBCA told to file affidavit in demolition case
KARACHI, Oct 16: The Sindh High Court on Monday directed the Karachi Building Control Authority to file a counter-affidavit in a lawsuit of Mohajir Quami Movement in respect of its demolished headquarter Baitul Hamza on next date of hearing.
Syed Abid Ali Jaffery, an office-bearer of MQM (H) filed Rs 8 million lawsuit against the Sindh government, the KBCA and others for causing damage to its headquarters Baitul Hamza in Landhi in May 2003.
His counsel, Sohail Hameed submitted that the plaintiff was the lawful owner of plots, bearing No R-1 to R-7, Sector 37-D Landhi, Karachi. The building of ground-plus-one was the central office of the MQM(H) meant for political activities.
He submitted that a campaign had been launched against his party since November 2002 to desist the MQM(H) from political activities.
He submitted that the plaintiff had applied for regularisation of the building plan of the property but no action was taken on the regularization application.
The SHC was also moved against KBCA action, he mentioned saying the matter was disposed of by SHC division bench in terms of the advocate-general's statement that the application was being processed, that it would be decided in accordance with the law and that the petitioner would be provided an opportunity of hearing.
As matter was taken up before SHC's single bench, comprising Justice Gulzar Ahmed, no one appeared on behalf of KBCA.
The court, directing the KBCA counsel to file counter-affidavit, adjourned the matter for a date to be fixed by office and continued the interim order, restraining the city and provincial governments from taking any coercive action in respect of Baitul Hamza.
Drug Cases: The Sindh High Court dismissed state appeal against acquittal of two men in drug cases on non-prosecution.
Nasir Khan and Mohammad Azeem were acquitted by Control of Narcotics Substance Court Karachi on Feb 26, 2005, as prosecution failed to prove charges against them. They were arrested by the ANF on Oct 13, 1997, from Karachi Cantt area for possessing 27kgs heroin.
Against the trial court order, State filed appeal and prayed the court to set aside the acquittal order and convict respondent.
As matter was taken before SHC's division bench, comprising Justice Rehmat Hussain Jaffery and Mrs Justice Qaiser Iqbal, no one appeared on behalf of state to argue on appeal.
The court, observing that the appellant had no interest in the case, dismissed the appeal.
Meanwhile, the same bench also dismissed state appeal against acquittal of 10 men in drug case.
Syed Rizwan, Mohammad Shakoor, Nafees Ahmed, Shakeel, Karamat Mashi, Manzor Masih, Maqbool Masih, Mohammed Naveed, Mahfooz Ali and Amir Younus were acquitted by the CNS court on February 24, 2005.
They were held from airport on Sept 17, 2000, and prosecuted for trying to smuggle 12.3kgs heroin. The court, observing that appellant has no interest to follow its case, dismissed appeal on non-prosecution.
Afaq’s statement: The Sindh High Court on Monday, recalling its previous direction ordered that evidence of chairman of Mohajir Quami Movement Afaq Ahmed, in his Rs.100 million lawsuit for defamation against the mill owner to be recorded.
Earlier, the court appointed ex-registrar of SHC as commissioner to record evidence of Afaq Ahmed in jail. However, the commissioner told court that counsel of defendant is not willing to cross-examine the plaintiff in jail due to his busy schedule in High Court.
MQM's Chief sued Mohammad Farooq, a textile mill owner, for falsely implicating activists of MQM in dacoity incident at his factory in 1995.—PPI
