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KARACHI, May 23: The Sindh High Court decided on Friday to hear final arguments in the Lyari Expressway case on May 30.
A division bench, comprising Justices Sabihuddin Ahmed and S. Ali Aslam Jafri, observed that writ petitions moved by a number of people affected by the project would be decided on merit in the absence of any compromise.
The petitioners’ counsel met AG Anwar Mansoor Khan on May 19 to work out an agreement, but they could not reach an accord.
The AG had suggested categorization of the petitioners in accordance with the lease or allotment letters held by them. Monetary compensation and alternative plots were to be given to most of the affected people, including those occupying houses and shops without any legal sanction. He said an ideal location had been developed at Hawkesbay to accommodate the displaced people.
The petitioners’ counsel, including M. Ilyas Khan and Shaukat Ali Shaikh, however, insisted on compensation on the basis of prevailing market value.
Advocate Shaikh submitted counter-proposals of his own asking the city and provincial governments to appoint a committee of technical experts to ascertain whether the expressway master plan could be modified to minimize the acquisition of settled areas. The government should give a definite number of houses and shops required to be demolished for the project. Those who did not want to shift to Hawkesbay should be paid adequate monetary compensation three months before the demolition, the lawyer said.
A large number of the affected people attended the proceedings. The bench ruled out a law officer’s objection that the gathering was meant to influence the judicial process.
ZARDARI’S APPEAL: The Sindh High Court adjourned on Friday the hearing of former PPP MNA Hakim Ali Zardari’s appeal against his conviction and sentence by an accountability court for concealing purchase of a house in France.
Mr Zardari was sentenced to undergo five years’ imprisonment and pay a fine of Rs18.5 million for buying with ‘ill-gotten money’ a house in Normandy, France, in 1990 for 48,00,000 francs or Rs18.13 million.
The property was ordered to be forfeited. He was accused of concealing the property in his income and wealth tax returns and his declaration before the Election Commission in 1993.
He challenged the accountability court judgment in an appeal before the High Court. He said he was not holding any public office at the time of the acquisition of the property and had enough financial resources of his own to pay for it. The same property was involved in references against his son, Asif Ali Zardari, and daughter-in-law, PPP Chairperson Benazir Bhutto. The Election Commission has instituted no proceedings against him for the alleged concealment under the People’s Representation Act.
A division bench comprising Justices Wahid Bux Brohi and Rehmat Hussain Jaferi adjourned the hearing at the request of Barrister Azizullah Shaikh, who was busy before another bench.
LASHKAR ACTIVISTS: A division bench of the Sindh High Court admitted on Friday an appeal by three Lashkar-i-Jhangvi activists sentenced to death for killing Dr Aley Safdar Zaidi of the Kidney Centre.
Mian Muhammad Ajmal alias Akram Lahori, Ataullah alias Qasim and Mohammad Azam alias Sharif were convicted and sentenced to death by an anti-terrorist court in April. They were also to pay Rs 200,000 each to the legal heirs of Dr Zaidi by way of “diyet” (compensation).
According to the prosecution, they ambushed the doctor’s car when it stopped at a traffic signal in Defence Housing Society and sprayed him with bullets.
Admitting the appeal, a bench comprising, Justices Wahid Bux Brohi and Rehmat Hussain Jaferi, noted that a reference for confirmation of death sentences awarded to the appellants had also been received and notices be issued in the case for a date in office.
The bench also entertained an appeal by the state against the acquittal of Akram Lahori. Ataullah and Azam are facing charges in the murder case of PSO MD Shaukat Raza Mirza. It asked the prosecution to submit copies of the depositions of witnesses before the trial anti-terrorist court.
BANK OFFICERS: A division bench of the Sindh High Court admitted two under-trial bank officers to bail on Friday in the sum of Rs 1.5 million each.
Mohammad Saleem Khan and Mohammad Amjad, Group-I and III officers of the Picic Commercial Bank, Clifton branch, were booked by the FIA for opening a fake account and letters of credit in favour of Hamza Textiles. They are standing trial before a special court for banking offences, which rejected their bail plea.
Hamza Textiles, owned by Shaikh Fazal Ahmed, contracted to supply 43,200 metres of denim fabric to Herculene and Prementor of Portugal for $ 51,840. The consignment was not received by the Portuguese firm and it lodged a complaint with the Pakistan embassy in Lisbon. An inquiry was held by the Pakistan Export Bureau and a case was registered by the FIA following the inquiry.
Appearing for the bank officers, Advocate Nafees Siddiqui submitted that his clients opened the account and letters of credit in good faith and in normal course of business. The FIA has taken no action against the account-holder, Shaikh Fazal Ahmed, who defaulted on exporting the contracted fabric in accordance with the agreement. Their account-holder already had an account with the bank and the officers were not liable for any illegality or fraud committed by him.
A division bench, comprising Justices Ata-ur-Rahman and Azizullah M. Memon, directed that the accused be enlarged on bail against an amount of Rs 1.5 million each.
