November 20, 2008	Thursday	Ziqa'ad 21, 1429

KARACHI, Nov 19: The amount of personal bond for persons suspected of having links with the outlawed militant outfits had been raised in the interest of public peace and order, the provincial government said in its comments on one of the petitions challenging fresh notices issued to ‘suspects’ by the home department through police stations under the Anti-Terrorism Act.

A division bench comprising Chief Justice Anwar Zaheer Jamali and Justice Ghulam Dastgir A. Shahani adjourned further hearing of the petitions to December 2 to enable Assistant Advocate-General Adnan Karim Memon to file rejoinders in all the petitions.

Four petitioners have challenged the notices issued to them to execute and submit fresh personal bonds in the sum of Rs10 million through Advocate Maqboolur Rehman. The notices have been issued to persons already listed in the fourth schedule to the ATA. The executants are obliged to report to the area police station periodically and also inform it of their absence if they leave their addresses.

The petitioners say that the restrictions under the ATA constitute an infringement of the right to free movement ensured by the Constitution. The arbitrary and unreasonable enhancement of the security amount violates their rights and liberties. The home department and the police have been conferred excessive powers in violation of the law and the Constitution.

In its comments, the government justified the ATA provision and the enhanced security as being in the interest of public order. It claimed that the provision applied only to the members and associates of the banned sectarian organizations.

Petition disposed of

The bench, meanwhile, disposed of as withdrawn a petition moved by a missing person’s mother. The petitioner said her son, Mohammad Faisal, was picked up by plainclothes policemen in November last and had not been heard of since. The police and other agencies denied having arrested or detained him.

As the petition came up for hearing on Wednesday, the petitioner’s counsel informed the bench that Faisal had since returned home and the matter was disposed of accordingly.

Petitioner Maryam’s counsel, Ghulam Qadir Jatoi, meanwhile, accepted the offer of Deputy Attorney-General Amir Raza Naqvi to address an application to the ministry of foreign affairs for her and other relatives’ meetings with Khalid Mohammad Shaikh, who is being tried in the United States.

The petitioner says that her brother (Khalid) being a Pakistani national should have been tried within the country for any offence allegedly committed by him. He was turned over to the US for trial without any extradition proceedings. His relatives could not visit the US to meet him. The law officer advised him to apply to the foreign ministry and promised that he would forward the application to the ministry.

Another division bench comprising Justices Khilji Arif Hussain and Dr Qamaruddin Bohra adjourned the hearing of a petition agitating nationalist politician Asif Baladi’s detention to December 5 to enable Additional Advocate-General Abdul Fatah Malik to submit details of cases pending against him.

Advocate Ghulam Mustafa Lakho submitted that Baladi was picked up in June 2006 but was not shown to have been arrested in police record. The government has now confirmed that he was being detained at the Hyderabad central jail in certain cases. However, no list of cases has been submitted.

Notice to NAB

Another bench comprising Justices Mrs Qaiser Iqbal and Syed Mahmood Alam Rizvi issued notices to the National Accountability Bureau and its investigation officer in a petition alleging harassment of an accused in the sales tax rebate reference to turn an approver in the case for Nov 26.

Petitioner Mohammad Jahangir submitted through Advocate Masooda Siraj that he was being harassed to become an approver against the main accused in the case, Raja Zaraat Khan of the Bawan Shah group of companies.

Cattle fee extended

Justice Gulzar Ahmed, meanwhile, extended the stay granted by him against the recovery of ‘the special Eid tax’ on cattle heads being brought for sale at the Malir market. Adjourning the hearing of a suit instituted by cattle traders to Nov 28, the judge asked the counsel for the city and town municipal authorities to file comments and come duly prepared on the next date.

The plaintiff traders have complained that the special fee of Rs250 per cow or buffalo and of Rs75 per sheep or goat was being recovered by the municipal authorities under an expired notification of 2007. Under the subsisting notification, they could not recover more than Rs20 per large cattle and Rs10 per small cattle. No additional facilities were being provided by the town administration to justify any increase in the fees, they said.