KARACHI, Sept 12: The Sindh High Court declined on Monday to omit the provincial government as a defendant in a suit for damages instituted by the parents of two college girls and a young man run over by a bus.

Nadia Afzal and Rabia Mehwash, both students of Apwa College, and M. Rashid Khan, a goldsmith riding a motorcycle, were run over and killed by a recklessly-driven bus of route 5C in March 2002. The accident occurred on the flyover connecting Liaquatabad with Karimabad. Bus driver Munawar Ilyas was arrested and was found to have a fake driving licence.

The plaintiffs submitted through Advocate Nasir Maqsood that the mishap was caused by the negligence not only of the bus owner and driver but also of the city district government and the provincial government home department, which controls the traffic police. All the defendants were jointly and severally liable to pay damages under the Fatal Accidents Act.

The Sindh government moved an application through an additional advocate-general, saying that it had nothing to do with the accident and should be dropped from the list of defendants. Justice Gulzar Ahmed dismissed the provincial government application after hearing the two sides.

interim order extended: The Sindh High Court extended on Monday its interim order against the provincial government notification suspending the publication of a weekly.

‘Friday Special’ was asked to suspend publication for carrying material spreading sectarian hatred and inciting violence. It submitted through Advocate Junaid Farooqui that no warning or notice was issued to it before the suspension notification nor was it afforded an opportunity to clear or explain its position. It said the notification was contrary not only to the provisions of the Printing Presses, Newspapers, News Agencies and Books Registration Ordinance but also to the norms of natural justice.

A provincial attorney sought time to file a rejoinder. Granting the request, Justice Mohammad Afzal Soomro adjourned the hearing to a date in office and extended the suspension of the impugned notification ordered earlier.

Afreen Baig case: The hearing of bail plea by Farooq Mengal, an accused in the murder case of Afreen Baig was adjourned till Sept 26 after arguments of defence counsel Barrister Azizullah K Shaikh were completed here on Monday before Justice Zawwar Hussain Jaffri of High Court of Sindh (SHC), APP adds.

Barrister Azizullah K Shaikh in his arguments said that co-accused Mohammad Baksh who allegedly strangulated Afreen to death has retracted from the judicial confession on his first appearance before the trial court.

Referring to article 43 0f Qanoon-i-Shahadat, defence counsel said that after amendment, confession of co-accused could not be treated as a piece of evidence enough for recording conviction. The confession shall be supported by circumstantial corroborative evidence, he said, relying on number of citations from SHC and Supreme Court.

The defence counsel also relied on medical history of accused Mohammad Baksh and Ms Zahida who remained under treatment at prison hospital and according to medical reports were severely tortured. The confessions were not voluntary, but obtained through third degree torture, he submitted.

The accused were kept in illegal confinement for more than five days after they were arrested from Punjab and brought to Karachi. No transit warrant or association of Punjab police during search and arrest was on record, Barrister Shaikh said, adding it was illegal confinement.

There was contradiction in prosecutions’ own story as co-accused Mohammad Baksh allegedly confessed that it was an honour killing while Mirza Ikhtiyar Baig, elder brother of deceased, cited earning of millions of rupees from three tele drama productions as main motive behind the murder.

The court, after conclusion of arguments by counsel for applicant / accused, put off hearing till Sept 26 as Special Public Prosecutors sought time.

The case pertains to murder of Afreen Baig who shot to fame after performing in few TV programmes. Her body was found in a bath-tub in her bungalow in 2004. Mohammad Baksh, driver and his wife Zahida, working as maid were found missing after the gruesome murder. Later, Farooq Mengal, second husband of deceased, was arrested as mastermind behind the killing.