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KARACHI, Nov 1: The Sindh High Court on Tuesday dismissed an appeal moved by a director of Tawakkal Group of Companies, Abdul Qadir Tawakkal, against his conviction and sentence in a corruption reference.
The appellant was sentenced to serve seven years in jail and pay a fine of Rs22.389 million by an accountability court of Karachi in September 2001. He was found guilty of defrauding the National Bank of Pakistan by misappropriating the stocks he hypothecated to ensure repayment of a loan he obtained from the (defunct) Mehran Bank.
The Mehran Bank, which was subsequently wound up and merged into the NBP, had advanced to the Tawakkal Group a loan facility, which was guaranteed by Abdul Qadir Tawwakal and his co-directors. According to the National Accountability Bureau, the accused, including the appellant, not only failed to repay the loan as per schedule but also defrauded the creditor bank by removing and misappropriating the hypothecated goods.
A division bench, comprising Justices Mohammad Afzal Soomro and Rehmat Hussain Jafri, dismissed the appeal by a short order and for reasons to be recorded later.
KBCA PLEA: Another division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Athar Saeed, meanwhile, continued hearing of an application moved by the Karachi Building Control Authority against an inquiry being conducted by the provincial ombudsman and the anti-corruption establishment into promotions, appointments and maladministration in the authority.
The bench is to decide whether Section 9 of the Establishment of the Office of Ombudsman Act, 1991, only prohibits an aggrieved civil servant from approaching the Mohtasib or bars any inquiry into maladministration in appointments made in an agency.
KBCA counsel Shahi Jamil Khan argued that Section 2-A of the Sindh Service Tribunal Act and Article 212 of the Constitution confer exclusive jurisdiction on the provincial service tribunal to adjudicate service matters relating to the authority. The ombudsman, he contended, has widened the scope of the probe ordered by the high court into ‘maladministration’ in the KBCA despite clarifications.
Additional Advocate-General M. Ahmed Pirzada, who is representing the ombudsman, said both the law and the high court order empower the ombudsman to hold a probe. Widespread promotions and appointments on the basis of favouritism fall within the purview of ‘maladministration’ and warrant a probe by the ombudsman.
Adjourning the hearing to Wednesday, the bench issued a notice to the anti-corruption establishment, which summoned the KBCA chief controller A.S. Nasir for questioning early on Tuesday.
HOUSING SOCIETY: Another division bench, comprising Justices Mushir Alam and Amir Hani Muslim, issued the Saify Cooperative Housing Society a notice in a petition moved by an owner of a plot. Ms Zubaida Bai submitted through Advocate Sohail Hameed that she had complied with all the formalities for conversion of her plot (No D-12, Block ‘F’, Saify Housing Society, North Nazimabad).
However, the counsel maintained, the society was not allowing change of land use arbitrarily. Other plot owners had been permitted to convert their plots and she was being discriminated against. The society had appropriated the powers conferred by the law on the city district government and the Karachi Building Control Authority. He said the society’s by-laws were ultra vires of the parent law.
‘NO HARASSMENT’: A division bench, comprising Justices Ghulam Rabbani and Munib Ahmed Khan, restrained the police from causing harassment to Ms Ghazala Shafiq. The petitioner submitted that she was being harassed by police at the behest of Bishop Daniel Sadiq, who got her sacked as administrator of a girls hostel. She was manhandled and physically thrown out of the hostel. Her complaint was not recorded by the police, which registered a counter-case against her. An inquiry held by the police into the incident was being kept secret.
PETITIONS DISMISSED: The bench dismissed three petitions against the preventive detention of Sipah-i-Sahaba activists following a request by the petitioners’ counsel, Maqboolur Rehman, for their withdrawal. The counsel said all three detainees who were detained for three months in July have since been released. They were held under Section 11-EEE of the Anti-Terrorism Act and were not freed despite bail granted to them by the administrative judge of anti-terrorism courts.
The detention of Abdul Ghafoor Nadeem, Aurangzeb Farooqui and Allah Wasaya was questioned by their wives.
