KARACHI, May 29: Justice Mushir Alam of the Sindh High Court on Thursday restrained the city and provincial governments from taking “any coercive action in respect of the property known as Baitul Hamza till the next date of hearing of a suit” filed by a senior member of the MQM (H).

The judge noted the contention of plaintiff Abid Ali Jafri’s counsel, Sohail Hameed, that he had applied for regularization of the building plan of the property in terms of an amnesty scheme announced last year.

Since no action was taken on the regularization application, he moved a writ petition in the high court, which was disposed of by an SHC division bench in terms of the advocate-general’s statement that the application was being processed, that it would be decided in accordance with the law and that the petitioner would be provided an opportunity of hearing.

Without recourse to the right of hearing, the counsel stated the defendants — the city and the provincial governments and the Karachi Building Control Authority — took it upon themselves to implement the orders passed behind his back. The action was not only against the principles of natural justice but was also violative of the division bench order.

Directing that notices be issued to the defendants, the court observed that no coercive action be taken in respect of the suit property — Plots R-1 to R-7, Sector 37-D, C-1 Area, Landhi/Korangi- till the next date of hearing.

The plaintiff, who is contesting the NA-255 by-election from the area, said he was gifted the property by its original allottees, Abid Hussain and Mohammad Zubair, and handed it over to his party for use as its central office.

SMC CASE: Justice Shabbir Ahmed will head the three- member high court bench constituted to hear the expelled SMC students’ petitions. He replaces Justice Ata-ur-Rahman, who is due to proceed abroad for treatment. The decision was taken by the SHC chief justice on an application moved by the petitioners’ counsel, Raja Qureshi, for an early hearing of the petitions in view of the urgency and importance of the matter involved.