September 20, 2008	Saturday	Ramazan 19, 1429

KARACHI, Sept 19: The Sindh High Court asked a federal secretary on Friday to explain why the promotion cases of grade 16 senior auditors of the sales tax department were not being finalized despite court orders and undertakings by the officials concerned.

The petitioners submitted in their contempt application that under the law and rules, they were entitled to promotion as assistant collectors in grade 17 and their petition was allowed by the high court in December 2006. The respondent department and the board of revenue, however, failed to comply with the court order on one pretext or another.

The respondents, the petitioners submitted through Advocate Mohammad Nawaz Shaikh, sought extension of time for complying with the court order and the final extension expired in April 2008. The federal secretary (S & M), revenue division, gave a solemn undertaking that a summary had been sent to the prime minister’s secretariat and the promotion cases would be finalized expeditiously. Nothing had come out of assurances and their cases were still pending. The respondent secretary, who gave the undertaking, they said should be prosecuted for contempt of court.

Issuing a notice for October 8, a division bench consisting of Justices Mohammad Athar Saeed and Qamaruddin Bohra restrained the respondents from convening a meeting of the departmental promotion committee scheduled for the last week of September.

KBCA officer fined

Another division bench comprising Justices Munib Ahmed Khan and Rana Mohammad Shamim awarded costs against the deputy controller of buildings for Saddar Town for misinforming the court that the car parking at Gilani Centre, plot GK 7/100, Merewether Road, has been fully restored after demolition of shops and stores built thereon.

At the request of Advocate Abdul Jabbar Korai, counsel for Karachi Helpline, the petitioner non-governmental organization, the bench appointed a commissioner to inspect the site. The commissioner visited the site and reported that some violations were still intact and the parking space had not been fully restored.

Customs dept, KPT restrained

Another bench restrained the customs department and the Karachi Port Trust yard from releasing three cars documents in respect of which had been reported lost to the police.

Petitioner Sarmad Shafiq submitted through Advocate Javaid Ahmed Chhatari that he imported three cars from Japan under the personal baggage scheme. On their arrival at the Karachi port, he hired the services of clearing agent Amjad Husain for their release and delivery. However, the agent’s employee, Mahmood Ali alias Akhtar Shah, disappeared along with the documents.

He lodged a first information report with the People’s Colony police station, Faisalabad. Meanwhile, Akhtar Shah submitted the stolen documents to the customs and port authorities for release and delivery of the vehicles.

Issuing notices to the respondents for Sept 24, the bench restrained them from delivering the vehicles in the meantime.

Notices to PACO men

Justice Gulzar Ahmed issued notices to the Pakistan Automobile Corporation general-manager and four other officers in a suit for damages instituted by Advocate Mansoorul Haq Solangi, a former executive of Paco. He said he was given no posting despite Federal Service Tribunal and SHC orders in his favour. The FST had ordered his reinstatement with all back benefits but the Paco management withheld not only his posting but his dues, as a result of which he suffered financial hardship and mental torture. He claimed Rs1 billion in liquidated damages from the corporation.

Minister’s suit

Home Minister Dr Zulfiqar Ali Mirza, meanwhile, filed a 500-million-rupee defamation suit against former chief minister Dr Arbab Ghulam Rahim for alleging that he (the plaintiff) has hired assassins to kill him and that it was at his (the plaintiff’s) behest that the federal interior ministry had included his name in the exit control list.

Mr Mirza said he belonged to a respectable family and had been winning elections from his constituency in Badin. The false and frivolous allegations were aimed at defaming him and lowering him in public estimation. He served the mandatory notice under the Defamation Ordinance, 2002, on April 19, 2008, but the ex-CM failed to respond within the statutory period of 14 days and was, therefore, liable to pay him damages.

Recovery ordered

Justice Mrs Qaiser Iqbal, meanwhile, ordered the district and sessions judge of Jamshoro to appoint a magistrate to recover Nazia Panhwar, who is alleged to have been detained by her paternal uncle, a security guard at the Lakhra Power House employees’ colony.

Petitioner Ali Mohammad Panhwar submitted through Advocate Noor Naz Agha that he and Nazia, who belonged to his tribe and was related to him, married of their free will. The marriage ceremony was attended by Nazia’s father but he had second thoughts under pressure from the tribal elders, who opposed free will marriages. They were declared ‘karo kari’ and Nazia’s father and uncle took her away on the pretext of arranging an appropriate ceremony. The petitioner was subsequently told that Nazia would not be allowed to rejoin him as the tribal jirga was against the tie and had declared them ‘karo kari’.