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KARACHI, Oct 6: The Supreme Court dismissed here on Monday an appeal by two police officials of the anti-car lifting cell against registration of a car snatching case against them.
Sub-inspector Abdul Qadir Rind and ASI Saalim Rind were ordered to be booked by the Sindh High Court on Aug 11. Justice Amir Hani Muslim of the SHC Hyderabad bench also directed the IGP Sindh to initiate departmental proceedings against them. He also ordered that the two officials would not be given field posting and that a violation of this order would amount to contempt of court.
The order against the officials was passed on a writ petition moved by Mohammad Anees, a transporter of Hyderabad. He said he was intercepted by a police squad led by the two officials and Ehtesham alias Chief, employee of an insurance company, on his return from the Liaquat Medical College Hospital, Jamshoro, where he had gone to pick up his friend, Dr Asad, at 12 noon on July 11, 2002. He and Dr Asad were made to get down from the car and were “imperiously” and peremptorily told by the officials that they were travelling in a stolen car.
Without giving Anees an opportunity to explain his position or show the car’s registration and other documents, the officials fled away in the car to an unknown destination. Before driving away in his car, the officials demanded Rs 100,000 as illegal gratification. They also took away Rs 16,000 from his pocket.
The SHC order on the writ petition was challenged by the two officials in the Supreme Court. The appeal came up before a bench, comprising Chief Justice Shaikh Riaz Ahmad and Justice Deedar Husain Shah, at the SC’s Karachi registry. The bench upheld the SHC order, which was defended by Additional Advocate-General Qazi Khalid Ali, and dismissed the appeal.
POLL PLEA DISMISSED: The bench also disallowed an appeal against a three-member SHC bench judgment dismissing a writ petition seeking disqualification of MPA Ali Bakhsh Shah (Puppoo Shah) of Badin for being a non-graduate. The writ petition was dismissed before the election notification and petitioner Haji Abdul Karim assailed the SHC decision before the Supreme Court. Meanwhile, he moved an election petition, which is pending before a tribunal, comprising Justice Ghulam Rabbani.
The appeal was argued at length by Advocate Khalid Anwer for the appellant and Barrister Abdul Hafeez Pirzada for the respondent MPA on Monday. Deputy Attorney-General Syed Zaki Mohammad assisted the court.
Upholding the submissions made by the DAG and Mr Pirzada, the bench observed that under Article 225 of the Constitution, a legislator’s election could be called into question only by an election petition presented to an election tribunal under the Representation of People Act.
All matters agitated in the appeal could be raised before the tribunal, it observed.
