May 24, 2007	Thursday	Jamadi-ul-Awwal 07, 1428

HYDERABAD, May 23: A division bench of the Sindh High Court, Hyderabad circuit, on Wednesday directed the chief secretary of Sindh to file comments by May 29 on a petition filed by the president of the High Court Bar Association (HCBA) Hyderabad, challenging the May 12 police action by which lawyers were prevented from going to Karachi to welcome Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry.

The assistant advocate-general (AAG) filed statements of the DPOs (operation) of Hyderabad and Jamshoro before the court, denying that lawyers of Hyderabad were prevented from going to Karachi to welcome the CJP and said they did not do anything wrong on May 12.

The statements were filed on the petition of HCBA president Abdul Sattar Kazi. The regional police officer (RPO) and the SHOs of Cantonment, Qasimabad, A-section and GOR have also filed para-wise comments.

The RPO of Hyderabad has stated that general supervision of these arrangements was exercised by the DIG police (operations) Hyderabad and in view of the command structure, his inclusion as respondent is not justified. He said apparently he was cited as respondent to cause embarrassment.

DPO (operation) Hyderabad Imran Shaukat said that according to the SHO of Cantonment, neither any bus driver was arrested nor any bus was impounded and no advocate was restrained from going to Karachi. He claimed that ASI Mohammad Asim was dragged inside the court and tortured by lawyers. The ASI was compelled to accompany the lawyers who grappled with him and restrained him from performing his duty.

He said that the SHO of GOR, who is currently posted as SHO of A-section, also denied that any instructions were received from the police high-ups to impound lawyers' coaches and he did not detain coaches in A-section police station.

He also quoted similar statement of the SHO of Qasimabad, saying that he neither used harsh language with anybody nor threatened to stop someone from going to Karachi.

The DPO said that he did not commit anything wrong and allegations against him were baseless.

The DPO of Jamshoro, Khamiso Khan Memon, said that police officials only performed their duties on May 12 and allegations against them were incorrect and fabricated.

“There were no obstructions in the way of petitioner or advocates from going to Karachi and participating in the welcome rally of the chief justice of Pakistan.

“The undersigned did not restrain advocates from going to Karachi. I only informed petitioner/advocates that situation in Karachi had become worse and armed groups were attacking each other so it was not safe for them and thereafter they returned", he said.

He denied that he had asked anyone to restrain petitioner/advocates from going to Karachi. He said that no inconvenience was caused to petitioner and other advocates on May 12, at Toll Plaza.

The SHO of Qasimabad said that workers of different political parties and advocates were going to Karachi from the interior of Sindh to welcome the CJP. He added: “we were ordered to ensure they cross our jurisdiction safely. We neither used harsh language against anybody nor threatened anyone”, he said.

The SHO of Cantonment said that Abdul Sattar Kazi, Noorul Haq Qureshi, Ayaz Tunio, Abdul Sattar Sarki and 40 to 50 other lawyers restrained and manhandled ASI Mohammad Asim. He said that the ASI was performing his duty in front of the Civil Court building for security purpose and was checking explosives when he was dragged to the court of sessions judge by the advocates.

He said that an entry had been made in station diary and the matter was forwarded to prosecution branch for legal opinion. He said that the driver of the bus in question said that he received a telephone call from his relative in Karachi, advising him not to come to Karachi thus he left the bus on his own.

He said that neither any lawyer was restrained from proceedings to Karachi nor any bus was impounded and allegation of kidnapping of the driver by ASI Mohammad Asim was incorrect. The HCBA president has sought registration of an FIR through his petition filed on May 16.