KARACHI: SHC asks defence ministry to file comments on Webb ground
By Shujaat Ali Khan
KARACHI, Oct 31: The Sindh High Court asked the ministry of defence on Tuesday to submit its comments in respect of the ownership of the disputed Webb Ground by November 8.
Adjourning the hearing, a division bench consisting of Justices Sarmad Jalal Osmany and Ali Sain Dino Metlo also barred the respondent concern Makro-Habib from distributing membership cards among the prospective customers of the departmental store it seeks to build on the Lines Area ground. The cards are reportedly being sent to dignitaries.
Non-governmental organization Shehri and a former councilor of the area, Mahfoozun Nabi Khan, have challenged the proposed construction of a cash-and-carry store as the ground had long been used as a playing field and could not be put to commercial use. In fact, it was the only open space in a highly congested locality. The unlawful conversion would further pollute the environment, the petitioners said. They also said that the land belonged to the city district government and not to the Army Welfare Trust, which has leased it out to Makro-Habib (Pvt) Limited for raising a departmental store. The trust claims that the land belonged to the defence ministry and was transferred to it by the federal government.
The bench, which has already passed a restraint order, also directed the municipal authorities, by another interim order, to drain out filthy water from the ground. A silencer is to be installed to curb noise caused by a generators being used by the respondent on the site.
The bench observed that the Karachi Electricity Supply Corporation and the Karachi Water and Sewerage Board should not facilitate the impugned project by sanctioning it their connections. The petitioner informed the bench that part of the boundary wall raised by the respondent recently caved in damaging an adjacent quarter and injuring one of its female inmates.
KBTPR changes
A whole lot of 140 unauthorized amendments have been made to the Karachi Building and Town Planning Regulations and all approvals since August 2005 are being granted by the Karachi Building Control Authority under the amended regulations, Advocate Abdur Rehman claimed while representing Shehri in proceedings on another questionable project. He said the amendments were made during the local government elections when there was a brief vacancy in the office of city nazim.
The amendments, according to the lawyer, curtailed the compulsory open space besides making other substantive changes to the detriment of civic life and environment. The amendments had neither been published in the official gazette nor approved by the city nazim, the controlling authority under the Sindh Building Control Ordinance, 1979, but were being dutifully observed by the KBCA, he contended. The impugned project Defence Regency had been built under the new rules, he said.
Identification ordered
The Sindh High Court ordered on Tuesday identification of an accused before an anti-terrorism court after his treatment at government expense to ascertain whether he was involved in kidnap-cum-murder cases as suspected by police.
A petition for production and release of Mohammad Shahid Rind alleged that he was picked up in July but was shown to have been arrested by the CID police on October 10 in an encounter. The police doubted his real identity and suspected him to be ‘Bahadur Brohi’, younger brother of notorious offender Mashooq Brohi.
A division bench comprising Chief Justice Sabihuddin Ahmed and Justice Sajjad Ali Shah ordered his production. The detainee alleged torture on production on Oct 23 and his counsel, Adnan Karim, contended that he was implicated in a criminal case only to justify his illegal confinement. On seeing his condition, the bench ordered his release.
The encounter case against him was ordered to be quashed in consultation with an additional advocate-general. CID DSP Subhani and investigation officer Khalid Saeed, an assistant sub-inspector, insisted on the detainee’s ‘real identity’ and his culpability and the bench admonished them for improper conduct. In the meanwhile, an anti-terrorism court issued his production order and the jail authorities refused to set him at liberty.
Another application for a release order was filed in the high court and the bench asked Deputy Inspector-General (Investigation) Manzoor Mughal, SSP Farooq Awan of the anti-violent crime cell and other police officials to appear personally. As the case came up for hearing on Tuesday, Advocate-General Khwaja Naveed Ahmed produced copies of three FIRs against him, in respect of which challans have already been submitted before an anti-terrorism court. In one case, registered by the Surjani Town police, he is accused of kidnapping and murdering two brothers working on a construction site. Six co-labourers were a witness to kidnapping, according to the FIR. Two kidnap cases were registered by the Sachal police station, in one of which victims themselves were witnesses as they were freed subsequently.
The AG said most habitual offenders changed their identity after committing an offence and an identification parade, which could be held in jail, was essential. The question of his relationship with Mashooq Brohi could be resolved later. As for the conduct of CID officials, he would recommend their transfer from their current posts. The DIG and the SSP apologized to the bench on behalf of the two officials but said the detainee was strongly suspected of concealing his real identity.
Disposing of the case, the bench ordered that the detainee should first be treated at the Civil Hospital at government expense for a week and then produced before the trial anti-terrorism court for identification.
Murder convict acquitted
Another division bench comprising Justice Rehmat Hussain Jafferi and Mahmood Alam Rizvi, meanwhile, acquitted Ashraf Ilyas, who moved a jail appeal against his conviction and death sentence by a Thatta sessions court for killing Khan Mohammad at Gharo, Thatta, in 1999. Advocates Faisal Siddiqui and Zubair Qureshi were appointed by the court to argue his appeal.
The counsel said there was discrepancy in ocular and medical evidence. There was no eye-witness in the case and the empties recovered from the scene were not sealed. He was convicted on uncorroborated evidence, they said.
The bench also admitted to bail in the sum of Rs500,000 each five accused in a land fraud case. According to the prosecution, the accused were leased out land for 30 years for setting up poultry farms in early 1990s. They approached a former chief minister and got the agreement converted into a 99-year lease and raised commercial and residential buildings on the land.
