KARACHI: The Sindh High Court on Friday issued non-bailable warrants for the arrest of directors general of the Karachi Development Authority (KDA) and the Sindh Environmental Protection Agency (Sepa), as well as the owners of a known travel agency and a restaurant operating in a residential property in Clifton, in a contempt of court application for failing to complying with its order about stopping commercial activities in the subject property.
A two-judge constitutional bench headed by Justice Agha Faisal passed this order after the officials in question did not appear in court or file any statement despite being put on notice on the application seeking contempt proceedings against them for flouting court orders.
The bench directed the advocate general of Sindh either to be present or nominate any other provincial law officer to assist the bench at the next hearing for indictment of the alleged contemnors.
Earlier, the SHC had directed the alleged contemnors to stop commercial activities, including a restaurant, in a residential property on Hatim Alvi Road in Old Clifton.
Bench to indict alleged contemnors on Feb 27 for failing to appear in court despite being issued notices
Petitioner Zahid Hameed, through his lawyer Arshad Tayebaly, had filed an application seeking contempt proceedings against KDA DG Altaf Ghoar Memon, Sepa DG Naeem Mughal, SBCA DG Abdul Rasheed Solangi, owner of the restaurant and other private persons as alleged contemnors for defying the court order.
The bench had issued notices to the alleged contemnors and directed them to appear in person along with their written reply on Feb 21.
At the outset of the hearing on Friday, nine out of 10 alleged contemnors neither turned up nor filed any reply. Only a private person/alleged contemnor appeared in court and filed a counter affidavit.
The bench was informed that SBCA chief Solangi had retired and the government appointed Muhammad Ishaq Khuhro as the new director general of the authority.
The bench allowed the applicant to add the name of Mr Khuhro in the contempt application after a SBCA lawyer waived the notice on behalf of the new DG.
It directed the Mr Khuhro to appear in court on the next date of hearing along with a written reply.
While issuing non-bailable warrants for the arrest of DGs of KDA, Sepa, owner of Gerry’s Travel Afzal Wali Muhammad, owner of Big Tree House Restaurant Mr Anil and five co-owners of the Plot No. 76, Hatim Alvi Road, the constitutional bench directed the SSP concerned to execute the same and file a compliance report in this regard at the next hearing.
The bench in its order noted that as per an SBCA report, the subject residential property was admittedly being used for commercial purposes.
The SBCA in its report also stated that it had issued notices and the owners/occupants had stopped commercial activities voluntarily.
However, the bench noted that a statement was filed on behalf of the petitioner along with certain documents, including sale receipt of the subject restaurant issued on Feb 20.
Thereafter, the counsel for the SBCA assured the bench that immediate action would be taken in respect of the property in question and a comprehensive report to be submitted at the next hearing.
“Let this matter be fixed on 27.02.2025 for consideration of framing of charge in conformity with the Contempt of Court Ordinance, 2003. Issue notice to the learned Advocate General Sindh either be present in person or nominate an AAG to assist this court for framing of charge as per chapter 19 Cr.P.C. and to prosecute, if so required,” the bench in its order concluded.
Published in Dawn, February 22nd, 2025
