December 18, 2008	Thursday	Zilhaj 19, 1429

KARACHI, Dec 17: The Sindh High Court on Wednesday questioned the competence of the former caretaker provincial government in making appointments on vacant posts and issuing transfer orders of government functionaries on a large scale.

The bench comprising Justices Azizullah M. Memon and Syed Pir Ali Shah was hearing a constitutional petition filed by former executive district officer Gul Muhammad Hajano against former chief minister Dr Arbab Ghulam Rahim, education minister Hameeda Khuhro, caretaker CM Justice (retd) Abdul Qadir Halepota, caretaker minister Shujaat Ali Baig, the Sindh governor, secretaries, EDOs and all district coordination officers in the province including Karachi.

The petitioner submitted that Mr Rahim, Ms Khuhro, City Nazim Syed Mustafa Kamal and others wanted to make appointments in the education department across the province including Karachi and the authorities had invited applications from people and collected Rs35 million which they had embezzled.

He said that such appointments were also made by the caretaker Sindh government that also ordered large-scale transfers of different functionaries.

The petitioner submitted that the salaries of the employees appointed on the recommendations of the Muttahida Qaumi Movement were, however, allowed while hundreds of others discriminated against. He prayed to the court to order the National Accountability Bureau to conduct a probe into the alleged embezzlement.

Additional Advocate-General Sarwar Khan appeared on behalf of the respondents and submitted that the petitioner was personally aggrieved and litigating with the respondents for his legal benefits.

Adjourning the matter till Jan 15, the bench observed: “The question arises whether or not caretaker government made appointments in 2007 and was competent enough to have directed for appointments against vacant posts and large scale transfers of the government functionaries. What should be the method to determine that the caretaker government was absolutely powerless in issuing such directives?”

Policemen’s promotion case

A division bench of the Sindh High Court on Wednesday restrained the Sindh government and the Inspector-General of Police from taking any coercive action till further orders against 24 police officials who had been given out-of-turn promotions.

The bench comprising Justices Khilji Arif Hussain and Syed Mehmood Alam Rizvi passed the order after hearing the contention of the petitioners’ counsel.

Twenty-four police officers filed their petitions through Advocate M.M. Aqil against a likely review of their out-of-turn promotions by the chief minister. They made the chief secretary, the secretaries of home and services and general administration departments and the Sindh police chief respondents.

The petitioners’ counsel submitted that his clients had been given out-of-turn promotions in recognition of their “gallant and meritorious services” under Section 9-A of the Sindh Civil Servants Act, 1973. However, in April, the chief minister repealed Section 9-A and formed a committee under Section 8-B to review their out-of-turn promotions.

He further submitted that his clients came to know that some PSP officers, who had earlier challenged the petitioners’ out-of-turn promotions, recommended re-examination of their promotions by the chief minister at a meeting held on Nov 8.

He stated that his clients had been awarded out-of-turn promotions on the basis of their brilliant performance but a group [of police officers] was against them.

The counsel prayed to the court to restrain the respondents from re-examining the promotions with an intention to change his clients’ promotions into officiating promotion and to declare the process illegal and void.—PPI

Bourse legal battle

The plaintiff brokers vehemently contested on Wednesday an application moved by the banks and other investors for joining the proceedings in the Sindh High Court as interveners, adds our Staff Reporter.

There is no privity of contract between the brokerage houses and the applicant banks, Advocate Muneer A. Malik, counsel for the plaintiffs, argued before Justice Gulzar Ahmed, who is hearing the suit. The buck stops at the National Clearing Company of Pakistan Limited (NCCPL), which should have contributed Rs100 million towards a ‘clearing and settlement fund’ to meet any emergency. The government would not have to set up a ‘support fund’ to prop up the sliding share market had the NCCPL met its obligation under the law, he said. Advocate Abdul Hafeez Pirzada, the senior counsel for the plaintiffs, Al Hoqani Securities and Creative Capital Securiries, will advance his argument on Thursday, when the court will start hearing the main suit also.

Representing the United Bank, the IGI Investment Bank and other ‘financiers’, Advocates Kazim Hasan and Abid S. Zuberi said they were a necessary party as it was their money which was at stake in the continuous-funding-system (CFS) transactions. They sought an appropriate modification in the interim order as the CFS system has been adversely affected by it. The plaintiffs’ counsel said it was the NCCLP interpretation of the order that had practically shut down the CFS market. NCCPL counsel Ijaz Ahmed, Karachi Stock Exchange counsel Khalid Anwer and Securities and Exchange Commission counsel Makhdoom Ali Khan would make their submissions when arguments on the main suit commence.