August 01, 2008	Friday	Rajab 28, 1429

KARACHI, July 31: A division bench of the Sindh High Court comprising acting Chief Justice Azizullah M. Memon and Justice Khalid Ali Z. Qazi on Thursday restrained police from taking adverse action against Kunri Taluka Nazim Jam Mohammad Memon, as matter against him was sub judice in the Supreme Court.

Memon’s counsel Mohammad Ashraf Kazi submitted that the petitioner was the taluka nazim of Kunri and his son, Dost Mohammad Memon, ex-Advisor to the Sindh chief minister currently the district president of the Pakistan Muslim League-Q. Respondent Mst Nadira Parveen, wife of Ghulam Murtaza Arain, was litigating with the petitioner and his family since 2001.

He said that the petitioner was neither made party nor any allegation of kidnapping, obstructing and attempt to commit Zina was levelled against him. He said that the honourable chief justice of the Supreme Court taking a suo motu action on the application of Nadira Parveen had called a report from IG Police Sindh in respect of her allegation, who appointed SP Investigation Umerkot as an inquiry officer to probe into the matter.

The report submitted by the IO on July 10, 2006 said that the respondent was making false and baseless allegations against the petitioner, which the IG Police Sindh submitted to the chief justice of the Supreme Court.

On August 1, 2006 she submitted an application to the director human rights and sessions judge, Umerkot, against the petitioner. Again upon an inquiry, the allegations levelled against the petitioner could not be proved. On October 12, 2006 the Supreme Court called for a report from the advocate-general Sindh and the IG Police on human rights application and the petitioner was called in person.

The Supreme Court appointed Zafar Sherwani, the then district and sessions judge, East, Karachi as an inquiry officer, who recorded the statements of Nadira Parveen, witnesses Mohammad Murtaza and Mohammad Khalid and submitted his report to the SC.

A full bench of the Supreme Court on Feb 15, 2007 passed an order that the allegations of abduction as levelled by the applicant has been proven in the inquiry report, but the allegations of petitioner’s illicit relations with her had not been proved. It disposed off the matter with the directions to the IG to further proceed in accordance with law.

Following the apex court’s directions, PPO Sindh referred the matter to the law department which in its report/opinion on April 30, 2007, said Mst Nadira had nothing to prove against Jam Mohammad Memon, as she deliberately avoided appearing before the undersigned (inquiry officer) to testify, provide witness or proof.

The petitioner’s counsel said that Nadira again moved an application in the Supreme Court on which the apex court directed the PPO Sindh to submit a report. The PPO said in his report that as per the investigations conducted by DIGP Mirpurkhas, DPO Umerkot allegations against Jam Memon could not be proved.

He stated that in view of human rights complaints, matter was sub judice in the Supreme Court and prayed to restrain respondents from lodging an FIR or reinvestigate the matter, arrest or harass petitioner, his family till a final disposal of the HR complaints in the Supreme Court.

The court issued notices to the respondents, AG Sindh and prosecutor-general Sindh and directed that no action adverse to the petitioner shall be taken in the matter, which is said to be sub judice in the SC and adjourned the hearing till Aug 19, 2008.—PPI