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| June 17, 2008 | Tuesday | Jamadi-us-Sani 12, 1429 |
KARACHI: Quashment plea under NRO dismissed
KARACHI, June 16: A division bench of the Sindh High Court dismissed on Monday a petition moved by a former public servant for the quashment of a National Accountability Bureau case against him under the National Reconciliation Ordinance of October 2007.
Khan Mohammad Mehar, a former government official who also served as secretary to a former chief minister, was convicted by an accountability court for amassing wealth through corrupt practices in 2001 and sentenced to 10 years imprisonment and a fine of Rs140 million. His assets were also ordered to be confiscated to recover the fine. He challenged his conviction in the high court and his appeal is still pending. Meanwhile, he has served out his jail sentence.
Mr Mehar moved the court for the quashment of all accountability proceedings against him under provisions of the National Reconciliation Ordinance, which have been incorporated in the NAB Ordinance of November 1999. His counsel, M.A. Kazi, argued that several former civil servants, including Usman Farooqui and Abdul Sattar Dero, had been discharged and references against them quashed under the NRO. His client should be treated alike and the proceedings against him quashed.
NAB counsel Mohammad Iqbal Choudhry argued that the petitioner was not entitled to the benefit of Section 7 of the NRO as it was specifically applicable to cases or references investigated or initiated by NAB. The inquiry against the petitioner was instituted by the anti-corruption establishment before the promulgation of the NAB Ordinance and the case was initiated in the court of the special judge for anti-corruption. It was subsequently transferred to an accountability court. There was no political vendetta involved and the case could not be terminated under Section 2 of the NRO either, the counsel contended.
The petition was heard by a division bench comprising Justice Rana M. Shamim and Ghulam Dastgir A. Shahani and it reserved its order on June 12.
Dismissing the petition by an order announced on Monday, the bench held that the petitioner’s case did not fall within the purview of Section 7 as it was not initiated by NAB. According to the testimony of the petitioner at the trial, it might be attributed to ‘departmental intrigue’ but not to political victimization. Cases registered on the basis of political vendetta registered since 1986 and were still pending could be terminated under Section 2 of the NRO if a review board set up for the purpose so recommend after scrutinizing them. This provision, too, was not available to the petitioner, the bench said.
Justice Yasmin Abbasy allowed interim bail before arrest to Abid Hussain Jatoi, a National People’s Party member of the provincial assembly from Shikarpur, till July 2.
The applicant is required by police in a case of criminal conspiracy to kidnap and murder a couple, Ismail Soomro and Saira Jatoi, who married of their free will about a year ago. A combined jirga of the Jatoi and Soomro tribes ordered their separation. It was headed by Abid Jatoi and Junaid Soomro. They were saved by police from the tribal jirga.
The police registered a case against Mr Jatoi and Mr Soomro on the couple’s complaint. The complainants said the accused intended to kill them as ‘karo kari’.
A division bench consisting of Justices Yasmin Abbasy and Bin Yamin issued notices to respondents for July 1 in a petition moved by Munir Ahmad, assistant district commissioner, Boy Scouts Association, Nawabshah, against his removal after 47 years of association with the organization.
The petitioner submitted through Advocate Mohammad Nawaz Shaikh that the provincial scouts commissioner intended to appoint Ibrahim Samo in his place. An identical moved in 2005 was withdrawn when he made a representation. He said he had been commended for his services to the association and was the recipient of a presidential award.
He said the provincial commissioner had no authority to replace him without a recommendation from the district commissioner under the Boy Scouts Association Rules, 1992.
The Sindh High Court on Monday asked the defendants in a 465-million-rupee suit for damages for a youth’s death by reckless driving to file their replies by Aug 22.
Salman Abbas Shaikh, 26, was killed when his car was hit by another car at the crossing of Khayaban-i-Hafiz and Khayaban-i-Mohafiz, DHA, on the midnight between May 20 and May 21. The offending car was being driven by Asad Amin Vayani, 18, who allegedly broke not only the speed limit but also the traffic signal while driving from Seaview to Gizri.
The suit has been filed by the parents of the deceased, M. Abbas Shaikh, regional head of the Allied Bank, and Mrs Farkhanda Abbas, through Advocate Nasir Maqsood. It cites as defendants the modaraba company that leased out the offending BMW, the lessor company, the insurance company that insured the vehicles against third party risk, the father of the allegedly offending driver and the driver.
It alleges that the offending car was owned jointly by the leasing and lessor companies and the father of Amin Abbas Vayani, who was driving the car as their agent. Together with the insurance company, they were all jointly and severally liable to pay damages to the plaintiffs for the loss suffered by them. The lessor company, Oosman Brothers Wood Working Industries, is also owned by Amin’s father.
The plaintiffs said nothing could compensate them for the loss of their son but negligent drivers must be made to pay for their recklessness under the law for the sake of deterrence and prevention.
Assessing the life expectancy of the deceased at 75 years and his likely earnings at Rs20 million per annum, the plaintiffs demanded Rs465.625 as damages for various counts. Salman was receiving a salary of Rs153,200 per month as head of corporate equity sales of a stock brokerage and doing construction business on the side.
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