0
KARACHI, Feb 21: The Sindh High Court dismissed on Tuesday three applications moved by former revenue minister Imtiaz Ahmed Sheikh for quashment of as many corruption cases against him.
The cases relate to alleged acquisition of property by ill-gotten money in London, lease/purchase of 530 acres in Korangi Creek, Karachi, and unlawful allotment of another 24 acres in Korangi.
The accused submitted through Advocate Raja Qureshi that bogus cases had been instituted against by the provincial anti-corruption department at the instance of the chief minister to wreak political vengeance on him. No sanction for registration of the cases was secured from the provincial anti-corruption committee, which was a statutory requirement. There was no illegality involved and whatever property he possessed was acquired through lawful means, the ex-minister stated.
State counsel Raza Hashmi denied that the absence of legal sanction for institution of cases and registration of first information reports. He produced copies of the anti-corruption committee’s approval. He said the accused should first have approached the trial anti-corruption court for quashment and direct applications in the high court were not maintainable. The cases involved factual controversies which could only be resolved by recording of evidence at the trial, the counsel submitted.
Justice Yasmin Abbasi, who had earlier reserved her order on the applications after hearing the two sides, dismissed the three criminal miscellaneous applications on Tuesday.
NA-210 BYPOLL: A division bench, comprising Justices Ghulam Rabbani and Zia Pervez , meanwhile, reserved its order on a petition moved by Mir Ghalib Domki against annulment of his election from the National Assembly constituency 210 (Jacobabad-III). The seat was vacated by Salim Jan Mazari, who was elected nazim of the newly-created Kashmore district. The by-election was held on Dec 10, 2005, but the result was cancelled following allegations of widespread rigging.
The petitioner submitted through Advocate Raza Hashmi that he polled over 153,000 votes against about 14,000 bagged by his nearest rival, Mir Imran Bijarani. No amount of rigging could give such a big lead to a candidate. No summary inquiry was held and no specific reason was given by the Election Commission for cancellation of the poll.
The petitioner said the poll could not be annulled merely because the voter turn-out amounted to 58 per cent. It was true that such a big turn-out was not generally witnessed in by-elections but there could be exceptions. He prayed that he should be declared elected and the Election Commission notification for a fresh by-election in the constituency on Feb 25 should be set aside.
CCOB CALLED: Another division bench, comprising Justices Syed Zawwar Hussain Jaffery and Maqbool Baqar, asked the chief controller of buildings, Karachi Building Control Authority, to explain why the KBCA failed to filed a counter-affidavit in a petition alleged unauthorized construction.
A petitioner alleged through Advocate Abdul Jabbar Korai that two plots in a Saddar locality were unlawfully merged and an unauthorized structure raised on it. The SHC nazir confirmed the violation of building rules but the KBCA failed to submit its counter-affidavit in the petition.
BAN SOUGHT: The Sindh High Court on Tuesday issued notices to the City Nazim Karachi, Karachi Building Control Authority, CCPO and others for March 18 on a petition seeking ban on holding marriage functions and other functions at public places, parks, roads and green-belts, adds PPI.
Petitioner Sohail Hameed submitted that marriages and other functions were being arranged in residential areas in almost every part of Karachi which caused difficulties to people.
He said conversion of park, playgrounds into commercial activity ransack human and cultural values as fireworks, aerial firing and late night music programmes cause complete disorder in orderly living and shattered confidence on law enforcing agencies.
He mentioned that marriages and other functions in public parks, roads, green-belts, National Coaching and Training Centre, KMC and KDA lawns, Kashmir lawns, Civil Aviation Authority, PIA Planetarium, Annubai Park, Eidgah ground, Markaz Khail-o-Saqafat, Waseem Bagh, Jinnah Ground are an encroachment and should be removed forthwith along with other encroachments at public places.
The court was prayed to declare the act of respondents to permit marriage and other functions on public places, parks, playgrounds against violation of the constitution and restrain them from conversion into commercial activity, issuing permission for holding marriage functions at such places.
He also prayed the court to direct the KBCA to demolish illegal construction at public parks made for commercial activity.
SHC’s division bench, comprising Justice Syed Zawar Hussain Jaffery and Justice Maqbool Baqar, after preliminary hearing of the petition issued notice to the respondents and called their comments.
