January 02, 2008	Wednesday	Zilhaj 22, 1428

KARACHI, Jan 1: The judge of accountability court-II, Sadiq Hussain Bhatti, on Tuesday adjourned till Jan 9 the hearing of a reference (24/2002) filed by the National Accountability Bureau, Sindh, against former Sindh minister of industries and mineral resources Agha Tariq and others due to the absence of the special prosecutor and defence counsel.

Agha Tariq is facing charges of having envisaged a plan to deprive the Sindh government of its expensive land in Malir.

Khaild Masood, one of the accused in the case, through his counsel had submitted an application under Section 265-K of the Pakistan Penal Code (PPC) to the court, pleading for acquittal from the case.

But arguments on the application could not be heard due to the absence of the special prosecutor and defence counsel. The court issued a notice to the special prosecutor directing him to appear in court at the next date of hearing.

According to the reference, former minister Agha Tariq filed an application with his own department through his wife, Gulnar Begum, and in connivance with the other accused obtained an excavation licence for mineral lease for 30 years over 341.68 acres in Malir.

In Aug 1995, his wife moved an application to the then chief minister Syed Abdullah Shah requesting the conversion of lease of the land to 99 years for residential/commercial/industrial purposes, following which the chief minister passed orders for the submission of a summary.

The application was processed by accused Ali Sher Shaikh, ex-secretary of Land Utilisation, Board of Revenue, who submitted a distorted summary with concealed facts and in violation of the law, rules of business and existing ban.

Both Abdullah Shah and Ali Sher Shaikh, along with their associates, granted fresh lease of the said land and changed the status from mineral to residential/commercial purposes.

Boiler blast case

The additional district and sessions judge-II, Central, Nelofer Shahnawaz on Tuesday adjourned till Jan 3 the hearing of a case pertaining to a boiler explosion due to the absence of the public prosecutor and defence counsel.

The boiler blast occurred at a towel dyeing and bleaching factory in New Karachi on July 24, 2007, that had left nine people dead and 25 injured.

The court reissued bailable arrest warrants for the complainant ASI Naeem-ud-Din, Investigation Officer Mohammad Ilyas and ASI Mohammad Fayyaz for not appearing in court despite repeated remainders. The court also summoned the other prosecution witnesses to record their statements at the next date of hearing.

Akhtar Hussain Baloch, owner of the factory, through his counsel had submitted a bail application to the court. The defence counsel would record his arguments on the application at the next hearing.

Earlier, public prosecutor Mohammad Azeem Memon, while raising objections about the application, submitted to the court that the boiler operator was working without a licence, safety devices were not in place and some tubes of the boiler were also out of order.

He further submitted that the boiler that exploded did not have a heat intensity gauge meter, therefore the factory owner was guilty of negligence as he was supposed to ensure the maintenance of safety standards at his factory.

Around 10 prosecution witnesses have so far recorded their statements in the case. Most of them submitted to the court that they pardoned Akhtar Baloch as he had compensated them.

Mr Baloch and Mohammad Ahsanullah, the boiler operator, were indicted on a manslaughter charge. They pleaded not guilty and opted to contest the case.

A case (FIR 359/07) was registered against them under Section 322 of the Pakistan Penal Code at the Taimuria police station after the boiler had exploded.

Investigation Officer Mohammad Ilyas, after a long delay, submitted the charge-sheet to the court of the judicial magistrate-12, Central, Abdul Zahoor Chandio, on Sept 24, 2007.

Referring to a parallel inquiry conducted by officials of the directorate of industries, the IO said that a boiler operator must hold a licence to handle the job and should be well-versed with the operation of the machinery.

Both the accused were booked after the boiler blast and sent to jail custody.