December 12, 2008	Friday	Zilhaj 13, 1429

KARACHI, Dec 11: The Sindh High Court Bar Association decided on Thursday to challenge the transfer of power to make appointments in the subordinate judiciary from a selection board comprising high court judges to the provincial public service commission. A protest campaign would be launched and legal proceedings instituted to seek a reversal of the provincial government’s decision. The change has been effected by amendments to the Sindh Judicial Service Rules, 1974, notified on Dec 4.

The SHCBA managing committee considered the notification on Thursday and said it could not remain indifferent to the affairs of the subordinate judiciary “where the bulk of litigation affecting the common man takes place.” The amendments, the resolution said, exclude the superior judiciary of the province from having an effective say in the appointment of judicial officers. The members of the public service commission do not enjoy a secure constitutional tenure.

On the other hand, the existing provincial selection board for recruitment of judicial officers consists of high court judges who are best suited and qualified because of their expertise in the field of law. The amendments militate against the independence of the judiciary and the rule of law. They are repugnant to the relevant provisions of the Constitution as construed in the cases of Sharaf Faridi and Al Jehad Trust.

“It is imperative that officers in the subordinate judiciary should be independent deserving of appointment by reason of merit alone rather than political patronage,” the SHCBA resolution said. It pointed out that “it has been nobody’s grievance that the existing selection board has failed to perform its functions honestly, diligently and in a transparent manner.”

Ancholi plot

Meanwhile, the Sindh High Court asked the police on Thursday to vacate possession of two plots at Ancholi, Federal B Area, and restore the property to its owner within 15 days.

Mohammad Naeem moved a contempt petition against the police high-ups for allowing unlawful occupation of his plots by the local police station. His counsel, Islam Hussain, informed a division bench that Naeem had earlier filed a writ petition to recover his plots, which had not only been illegally occupied but a police station had been built on them. Allowing his petition, the high court ordered on Dec 17, 2007, that the respondent police officials hand over peaceful possession of the plots to the petitioner.

Despite a lapse of one year, the police did not vacate the plots and the petitioner moved a contempt petition. A division bench comprising Justices Mrs Qaiser Iqbal and Syed Mahmood Alam Rizvi took a serious view of the police failure to comply with the court order and asked it vacate the possession of the plots within 15 days.

Suit dismissed

Justice Munib Ahmed Khan, meanwhile, dismissed a 100-million-rupee damages suit instituted by a debtor company against the First Women Bank. The bank had first instituted a suit for recovery of Rs13 million from the private company. The company filed a suit against the bank for damages amounting to Rs100 million for defaming and causing mental torture to its directors by making an exaggerated claim. The high court decided to hear the two suits together and ordered transfer of the recovery suit from the banking tribunal.

The court held on Thursday that a damages suit by the debtor concerned could not proceed under the banking law. Advocate Syed Mohammad Kazim appeared for the creditor bank.

Notices issued

The Sindh High Court on Thursday issued notices to the director military lands and cantonments, military estates officer Karachi, deputy attorney general and others over alleged imposition of exorbitant levy on commercialisation of residential land into commercial in Karachi, adds PPI.

Petitioners M/s Hyderi & Company Pvt Ltd and Mst Farhat Imrana, submitted through Advocate Mohsin Tayebali that they possessed leasehold rights of plots measuring 1.28 acres and 0.78 acres, respectively, in Depot Lines, Cantonment Board Karachi.

The military estates officer Karachi in 1996 offered petitioners to avail the government’s opportunity for commercialisation of their plots under CLA Rules 1973. They sent applications, which were forwarded to the director military lands and cantonments for approval. On completion of legal formalities, applications were approved and value of the conversion was quoted at Rs7,500 per square yard and premium value at 50 per cent on this amount.

The petitioners stated that the respondents demanded exorbitant charges to convert the status of the land from residential to commercial, which are liable to be set aside. The counsel prayed to the court to direct the respondents that the charges of conversion be levied as per the policy prevailing in 1996, when they applied.

An SHC division bench, comprising Justice Azizullah M. Memon and Justice Syed Pir Ali Shah, after preliminary hearing, issued notices to respondents and the DAG for Dec 19.

Notices to aviation division, PIA

A division bench of the Sindh High Court, comprising Chief Justice Anwar Zaheer Jamali and Justice Dr Qamaruddin Bohra, on Thursday issued notices to the aviation division and managing director Pakistan International Airlines over the recruitment of baggage attendants allegedly on political grounds.

Petitioner Raja Parvaiz Iqbal and 14 others submitted through Advocate Abrar Bukhari that they served as baggage attendants/loaders in PIA for a term ranging between 13 and six years. The PIA administration terminated their services unheard without issuing a show cause notice in 2003. Some such employees approached the SHC, which directed the respondents to consider petitioners whenever fresh recruitment of baggage attendants/loaders was made in the future.

Though the director (administration) PIA invited applications from the sacked employees for fresh recruitment in September 2008, jobs were allegedly given on political grounds. The counsel prayed to direct respondents to consider petitioners for recruitment purely on merit as per the court order.

The SHC division bench, after initial hearing, issued notices to respondents for January 14, 2009.

Age relaxation questioned

The SHC on Thursday questioned the relaxation of age limit for recruitment of computer operators in the Sindh prisons department.

Petitioner Irfan Ahmed along with 19 others moved the SHC through Advocate Nawaz Sheikh against the Sindh IG prisons and the provincial home and chief secretaries. They were appointed as computer operators for one year in the prisons department on the recommendation of its departmental selection committee after they passed computer and written tests and an interview in 2002.

The then Sindh IG prisons recommended regularising them for having worked for six years. The Sindh government also created 40 posts of computer operators in lieu of OG wardens in the prisons department.

Now, the authorities refused to regularise them on certain pretexts. They prayed to direct the Sindh chief secretary and the home secretary to implement recommendations of the IG prisons and regularise them on the same posts.

An SHC division bench, comprising Chief Justice Anwar Zaheer Jamali and Justice Dr Qamaruddin Bohra, questioned the Additional AG Sindh Sarwar Khan about relaxation of upper age limit of petitioners, in case they opt to apply afresh for recruitment as computer operators.

He sought time to take instructions from respondents. The matter was adjourned to Dec 19.