|
|
|
| June 12, 2008 | Thursday | Jamadi-us-Sani 07, 1429 |
KARACHI: Notices issued on ex-judge’s plea
KARACHI, June 11: A division bench of the Sindh High Court issued notices to the federal ministry of law and justice and other respondents on a petition moved by a former judge of the Federal Shariat Court for grant of pension and pensionary benefits.
Petitioner-judge Abdul Waheed Siddiqui submitted through Advocate Qazi Abdul Hameed Siddiqui that he served as an FSC judge from December 30, 1996, to December 29, 1999. He was not given pension because he had served two years less than the qualifying service (i.e. five years) for pensionary benefits under a presidential order.
The presidential order, according to the petitioner, relaxed the condition in 2007 and acting on the new provision, a Supreme Court bench comprising Justice Mohammad Nawaz Abbasi (since retired), Justice Qaim Jan Khan and Justice Farrukh Mahmood held in a petition filed by former Lahore High Court judge Ali Ahmad U. Qureshi in March 2008 that all superior court judges were entitled to pension irrespective of the duration of their service. The bench gave its judgment retrospective effect and declared that it would extend the benefit to the judges, who had not moved the court.
Mr Siddiqui said he wrote to the federal ministry of law and justice and the accountant-general for grant of pension with retrospective effect in accordance with the Supreme Court judgment but there was no response from the ministry or the AG’s office. He requested the court to direct the respondents to release his pension and retirement benefits with effect from the date of his retirement in 1999.
The bench that comprised Justices Mrs Yasmin Abbasy and Bin Yamin issued notices in the case for June 24. Earlier the bench allowed the ex-judge’s plea for urgent hearing during the summer vacation.
Another division bench comprising Justices Mrs Qaiser Iqbal and Mahmood Alam Rizvi allowed petitioner Asnia Shah to obtain admission to the first year MBBS in the Dow University of Health Sciences on a general seat in view of the particular circumstances of the case.
According to the admission policy, students who had been receiving education abroad for the last four years would be treated as ‘overseas’ candidates despite their Karachi domicile and residency certificate.
Eight seats had been allocated to the ‘overseas’ candidates and they are required to pay $10,000 as admission fee. Ms Shah was placed in the category of ‘overseas’ candidates because she completed her A-level education in Saudi Arabia.
Advocate Abdul Razak submitted on behalf of the petitioner that she left for Saudi Arabia along with her mother, Dr Jahan Ara Uqaili, who was sent to the kingdom on deputation by the federal ministry of health. She passed her eighth standard examination in Karachi and completed her A-level education in the kingdom because her mother could not leave her behind in Pakistan.
Having been borne in Karachi and domiciled here, she was entitled to admission on one of the 426 general seats reserved for Karachi students.
The bench allowed her plea subject to her qualifying other conditions.
Justice Mahmood Alam Rizvi, meanwhile, allowed interim pre-arrest bail to superintending engineer Habibur Rehman Memon of the works department in the sum of Rs100,000 in a case of attempt to murder.The SE was booked by the Qasimabad police station, Hyderabad, on the complaint of Ashok Kumar, proprietor of the Reliance Engineering Works.
He submitted through Advocate Mohammad Nawaz Shaikh that the FIR against him was a counter-blast as he had offended the complainant’s brother-in-law, Ishwari Lal, a building contractor who had built a sub-standard road under a contract awarded by him. He had also lodged criminal complaints against the complainant and Ishwari Lal.
The counsel informed the court that the applicant was discharged by police under Section 169 of the Criminal Procedure Code for the want of evidence. The investigation was later transferred to another police official. He applied for bail before arrest to the Hyderabad district and sessions judge, who granted interim bail but did not confirm it.
Allowing the applicant interim bail, the court issued a notice to the advocate-general for June 16.
Justice Rizvi also issued notices to the station house officers of Naushehro Feroze and Tharo Shah police stations for June 23 and 16, respectively, and the respondents, restraining them from harassing Abdul Ghaffar Panhwar and his second wife, Romana.
Through Advocate Adnan Karim, Mr Panhwar alleged that his first wife was taken away to her parents’ house by her brother, Dr Ata Panhwar, a high government official, and other relatives in 2005.
He contracted a second marriage with Romana in 2007, while the relatives of his first wife got a case registered against him for marrying again without getting her (the first wife’s) permission. They gave threats to him and his second wife and got them declared ‘karo kari’ by a jirga arranged by Dr Ata. He alleged that his brothers-in-law had occupied 16 acres of his land in his home town, Tharo Shah, and plundered his house of valuables. He was also being harassed by police at the instance of his in-laws, he alleged.
The petitioner requested the court to order his and his wife’s protection and restitution of his property. He also prayed for registration of a case against his in-laws for keeping his first wife in illegal confinement.
The court issued notices to the respondents and restrained them from causing harassment to the petitioner or his wife. The police was asked to entertain his complaint and register a case if an offence was made out.
The plea for direction to the home department for protection would be taken up on June 23.
|
|
|
|
