KARACHI, Aug 16: Law officers would not be allowed to plead alleged contemners’ case once the accused are indicted, a division bench of the Sindh High Court observed on Tuesday.

The observation came in a contempt petition moved by a car manufacturing concern against the customs authorities for their failure to refund Rs 44 million unlawfully recovered by them in 2001.

Advocate Aziz A. Shaikh submitted on behalf of the petitioner that an SHC division bench had disposed of its petition in 2002 in terms of an undertaking given by Abdul Waheed Khan, the then customs collector, that the amount would be refunded by Jan 15, 2003. The bench had ordered that the collector and other officials concerned would be held in contempt if they did not honour their undertaking as incorporated in the court order.

The order was not challenged in appeal and became final.

The lawyer said Attorney-General Makhdoom Ali Khan was representing the alleged contemners and because of his inability to appear, the case was pending for two years.

The AG had stated that the respondents’ case might be argued by a deputy attorney-general in his absence but DAG Sajjad Ali Shah had sought adjournment because Mr Khan was busy before the Supreme Court. Even otherwise, the AG should be asked to prosecute the contempt case as per rules. It would be odd if he defended the accused who could be required to be prosecuted by him.

In another contempt case instituted by Advocate Nisar A. Mujahid on behalf of a ghee mills, the petitioner’s counsel took exception to DAG Sajjad Shah defending the respondent customs collectors, Ms Musarrat Jabeen and Ms Zeba, and others. The customs officials were directed by a division bench of the high court to refund the petitioner ghee mill Rs 8.6 million recovered by them in contravention of the law.

The lawyer said the SHC refund order was based on admissions made by the alleged contemners. The Central Board of Revenue did not move an appeal against the refund order. Yet the customs authorities were refusing to refund the illegally-recovered amount. He said the respondents were already in contempt and should not be allowed to be defended by a law officer.

APPEAL PUT OFF: The Sindh High Court on Tuesday adjourned the hearing of an appeal filed by Ahmed Omer Saeed Sheikh and others against their conviction in kidnapping and killing conspiracy case of US journalist Daniel Pearl, adds PPI.