KARACHI, June 19: The Sindh High Court on Tuesday issued a notice to the EDO revenue of the City District Government of Karachi (CDGK) for June 26 on a petition filed against the proposed demolition of a mosque in PIB Colony.
A division bench comprising Justice Anwar Zaheer Jamali and Justice Qaiser Iqbal was hearing the petition filed by the Masjid and Madrassah Qadri Trust against the proposed demolition of the mosque as it comes under the Lyari Expressway project.
The applicant's counsel, Advocate Shaukat Shaikh, submitted that the mosque, madrassah and the shrine of Syed Kifayat Ali Shah was built on a leased plot after taking an NOC from the deputy commissioner in 1969. He stated that the mosque and other constructions could be saved by minor amendments in the LEW project.
Project Director of LEW Yousuf Barak Zai, Suleman Fareedi, head of the Encroachment Cell of the CDGK, and the DDO of Gulshan-i-Iqbal appeared in the court on notice.
The court was informed that an out-of-court agreement was made between the Masjid Qadri Trust and the Project Director of the LEW.
According to the agreement, the CDGK will provide alternative land for the mosque besides its construction cost. Till then, the Masjid Qadri and Madrassah will not be demolished.
CDGK counsel Manzoor Ahmed stated that the LEW project director did not represent the CDGK and informed the court the CDGK was not involved in the agreement.
The SHC's division bench, after hearing arguments of both counsels, observed that the CDGK, which was the main party in the said petition, was not included in the agreement for providing alternative land to the Masjid Qadri Trust. The court observing that CDGK officers present in the court had no authority to take a decision in this regard and called the EDO revenue and directed him to submit comments.
SENTENCE SUSPENDED: A single bench of the Sindh High Court comprising Justice Muneeb Ahmed Khan on Tuesday suspended the life imprisonment of two convicts in a robbery case and granted them bail with a surety of Rs300,000 each.
Mir Hassan and Abdul Majeed, employees of the Sindh police, were awarded life imprisonment and Rs10,000 fine each by the additional district and sessions judge, South, on March 29, 2005 after having found them guilty in the case.
They and the other co-accused, Abdul Khalique and Gul Hassan, were charged with committing a robbery at Shakilur Rehman's house in the Police Lines, Saddar, and taking away jewellery worth thousands of rupees and a licensed pistol.
Challenging their conviction, the applicant's counsel Abdul Razzaq stated that the applicants were innocent and falsely implicated in the case. They were neighbours and in fact there was a dispute between the complainant and the convicts over minor issues as well as over a plot.
He said the punishment of life term awarded to the applicants was not warranted, and prayed to the court to set aside the trial court orders. Representing the state, the AAG did not dispute the facts.
The division bench after hearing arguments of the state and applicant's counsel suspended the sentences awarded to the applicants by the trial court and granted them bail.
BAIL REJECTED: Justice Munib Ahmed Khan of the High Court of Sindh on Tuesday dismissed the bail application of an accused with the direction to the trial court to decide the matter within four months.
Pir Bukhsh was booked by the Anti-Violent Crime Cell on April 4, 2006 in Keamari Town and 1.5 kilograms of charas and two hand-grenades were allegedly seized from him. Earlier, the Special Court for Control of Narcotics Substances had allowed bail to the applicant in the narcotics case.The present bail plea was preferred by the applicant before the SHC for bail under the charges made by police against him under the Explosive Substance Act.The same bench has also rejected the bail plea moved by Farhan.
The applicant was booked for a dacoity attempt on January 31, 2007 made at a man present in his car parked outside a bakery in Gulshan-i-Iqbal.
The applicant had sustained wounds while his accomplice died in the firing by the driver of the car.
The bench dismissed the bail application and directed the trial court to record the deposition of an eyewitness in the case. Advocate Javed Akhter represented the state in both the bail applications.—PPI/APP
