October 30, 2008	Thursday	Shawwal 30, 1429

KARACHI, Oct 29: The Sindh High Court issued the federal government a notice on Wednesday to ascertain measures taken by it to curb dispensation of justice by tribal jirgas in violation of the Constitution and law.

A division bench consisting of Chief Justice Anwar Zaheer Jamali and Justice Khwaja Naveed Ahmed also issued notices to the tribal elders of Shikarpur who convened a jirga and declared Saira Jatoi and Ismail Soomro ‘karo kari’ for contracting a marriage of their own free will and in contravention of tribal norms. They include MPA Abid Hussain Jatoi. Before adjourning the proceedings to Nov 18, the bench directed the police to provide protection and treatment to Saira Jatoi, who has given birth to a baby boy in the meanwhile.

The couple has been lodged at the city’s police headquarters in pursuance of a court order.

Advocate Shafqat Shah Masoomi earlier submitted on behalf of the petitioner non-governmental organization that the legal and constitutional protection guaranteed to women existed only on paper. Referring to Taslima Solangi’s brutal murder in Khairpur and killing and burial of several women in Balochistan, he said the legal and constitutional provisions had done little to ameliorate the women’s lot as they suffered from lack of enforcement.

Relief for Unnar

Another division bench comprising Justices Khilji Arif Hussain and Dr Qamaruddin Bohra asked the home department to arrange for the medical check-up and treatment of former minister Altaf Hussain Unnar at the Kidney Centre, Karachi, and submit a report to the court. The order was passed on a petition moved by the ex-minister’s son, Adil Altaf Unnar, alleging that he was being held incommunicado at the Hyderabad central prison and was not being provided for his kidney and heart ailments.

The prison superintendent earlier denied that the petitioner and other relatives of the undertrial prisoner were not being allowed to see him. He said all those entitled to see Mr Unnar under the jail manual were free to see him. He said it was in view of his own safety and security that he was not being taken out of the prison.

The statement was denied by the petitioner’s counsel, Wasiq Ahmad Kehar, who said even he was not free to meet him, though he was defending Mr Unnar in the attempt-to-murder case being tried by an anti-terrorism court. The UTP could not be denied treatment for serious and complicated ailments not treatable in jail. The offence is alleged to have been committed by the ex-minister when he fired at the car of PPP MNA Dr Azra Pechoho during a by-election.

Bypoll stayed

A Supreme Court bench consisting of Justices Syed Zawwar Hussain Jaffery, Sarmad Jalal Osmany and Mian Hamid Farooq, meanwhile, issued notices in a petition for leave to appeal moved by the Chambar nazim against his ouster by a no-confidence motion and stayed the by-poll scheduled by Election Commission for November. The petitioner submitted through Advocate Mohammad Ashraff Kazi that the no-confidence vote against him was passed in violation of the law. He was being victimised by the administration since he belonged to the opposition ‘Magsi Group’ of the nazim of Tando Allah Yar. His petition against the vote was wrongly dismissed by the Sindh High Court, he said.

Doctors appointment

Chief Secretary Fazlur Rehman, meanwhile, denied that he had committed contempt of court by not issuing ‘offer’ letters to the doctors selected by the Sindh Public Service Commission as medical officers in the population welfare department.

An affidavit sworn by him and submitted in the court by Advocate-General Mohammad Yusuf Leghari said SPSC recommendations in this behalf were rejected by the chief minister/ chief executive, who was empowered to do so under Section 7 of the SPSC Act. It was for the provincial chief executive to take a final decision with respect to grade 17 appointments under the law and he could legally and validly disregard the SPSC recommendation.

The AG, however, sought two days’ time to sort out the matter and further proceedings were adjourned to Oct 31.

Govt petition dismissed

Justice Ali Sain Dino Metlo, meanwhile, summarily dismissed as not maintainable a writ petition moved by the provincial education department against a rent controller’s order for ejectment of the Islamia College from its premises. The dismissal order said the petition had been filed without exhausting the remedy of appeal. A senior civil judge-cum-rent controller’s order was appealable in the court of the district judge concerned under the Sindh Rented Premises Ordinance and a petition under Article 199 of the Constitution would not lie against an ejectment order passed by a rent controller.