May 29, 2008	Thursday	Jamadi-ul-Awwal 23, 1429

KARACHI, May 28: Justice Nadeem Azhar Siddiqui of the Sindh High Court on Wednesday restrained the city district government from interfering with the KMC Officers Cooperative Housing Society’s possession and development of 200 acres of Trans Lyari land known as Gutter Baghicha. The society’s counsel, Masroor Alvi, said it was the rightful owner, having secured a 99-year lease of the land for about Rs15 million in 1993.

By another order, the judge restrained M/s Concept Homes from creating third party interest in a disputed plot in their Gulshan-i-Iqbal project.

Syed Shahzad Ali submitted through Advocate Yousuf Moulvi that he owned a 240-square-yard plot, which was being used by the defendant builders for the construction of a bungalow. The plaintiff claimed that bungalows were being built on nine plots, one of which was owned by him.

The court asked the Nazir to identify the plot through a sketch annexed by the plaintiff to his lease documents. According to the defendants, however, they have purchased all nine plots from the original allottees.

Haj operators

The bench asked two Haj group organizers to submit their petitions to a committee constituted by the Supreme Court to look into the affairs of Haj operators. The committee is headed by former SC judge Karamar Nazir Bhandari and comprises three senators and the federal secretary for religious affairs.

M/s Pak Makkah and Madinah Travel and Tours and Faizan-i-Haram Haj Service submitted through Advocate Shaukat Hayat that their licences as Haj organizers were cancelled and the quotas allocated to them scrapped when the Federal Investigation Agency instituted cases against them for taking Afghan nationals to Haj pilgrimage as Pakistani citizens. They and the pilgrims were charge-sheeted under the Passport Act and the Foreigners Act.

A sessions court, however, acquitted them when they showed that the pilgrims alleged to be foreigners were issued computerized national identity cards by the National Database and Registration Authority (Nadra) and obtained their Haj passports from the federal Haj ministry. They requested the high court to direct the authorities concerned to restore their licences and quotas as Haj organizers.

Representing the Haj and religious affairs ministry, Deputy Attorney-General Imran Ahmed informed the court that an inquiry committee was already hearing complaints by and against Haj operators and the petitioners’ complaint may also be referred to it.

Child custody

Justice Ali Sain Dino Metlo, meanwhile, adjourned the hearing of Fiza Rivi Noori’s plea for the restoration of ‘red warrants’ for the arrest and repatriation of her former husband, Ghulam Mohammad Noori, from the United States with their five-year-old son, Abbas Noori, who was kidnapped by him from her lawful custody in Defence last year.

The court had suspended the warrants following an undertaking by Mr Noori’s counsel, Kumail Ahmed Shirazi, that he would appear before it and produce the child in an attempt to settle all disputes with Ms Rizvi. Advocate Shirazi’s associate informed the court that the counsel was admitted to hospital. The associate produced a letter written by Mr Noori’s attorney in the US disowning any undertaking made on his behalf. The letter said Abbas Noori, a US national by birth, could not be taken out of the United States under a restraint order passed by a US court.

The hearing would be resumed on Thursday when Advocate Shirazi would appear to clarify the matter.

Demotion case

A division bench comprising Justices Munib Ahmed Khan and Syed Pir Ali Shah allowed the petition of a city district government employee against his demotion.

Abdul Haleem submitted through Advocate Gohar Iqbal that he was promoted to the post of deputy district officer in grade 17 in 2005 after about 16 years of service. He received the salary and facilities of grade 17 when he was abruptly reverted to grade 16 in July 2006 without being assigned any reason.