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KARACHI, Oct 2: The Sindh High Court has ordered the partial demolition of two unauthorized structures in the Saddar Town.
A non-governmental organization complained that the owner-builder of a commercial complex on plot GK-7/100, Ghulam Hussain Quarters, Saddar, had constructed shops and godowns in the basement reserved for car parking. The petitioner’s counsel, Abdul Jabbar Korai, contended that the violation was so gross that it could not be regularized under any law or on payment of any amount of fee.
A bench comprising Justices Syed Zawwar Hussain Jaffery and Justice Gulzar Ahmed asked the Karachi Building Control Authority to demolish the shops and restore the parking lot within 10 days, failing which the controller of buildings should appear on the next date to explain the authority’s inability to comply with the order.
Another division bench comprising Justices Mushir Alam and Mohammad Afzal Soomro, meanwhile, ordered the demolition of the illegal construction raised by the builder-owner on compulsory open space on plot MR-1/66, Altaf Hussain Road. The builder has fully covered ‘cutline’ area of 20 feet and ‘setback’ portion of five feet in violation of the building and town planning regulations and the approved plan.
The violations have been confirmed by the SHC nazir, who inspected the site on a court order. The bench ordered that the open space should be restored within four weeks.
BAIL GRANTED: Justice Yasmin Abbasey, meanwhile, granted bail to Maulana Abdul Ghani, trustee and prayer leader of Masjid Farooq Azam, Juma Goth.
It was alleged by a complainant that he attacked and killed Qadir Alias Babu Baloch and injured Somar Khaskheli over a land dispute.
Appearing for the accused, Advocate Nihal Hashmi argued that his name was included in the first information report 12 days after its registration and that he had no personal dispute over the property, which belonged to the trust administered by him. The court admitted him to bail in the sum of Rs200,000 and a bond in the like amount to the satisfaction of the trial court.
BAIL CANCELLED: The Sindh High Court on Monday cancelled the bail of three persons in a murder case, adds PPI.
Rana Ilyas, Rana Mushtaq and Zulfiqar alias Puppoo are charged with murdering scrap contractor Abid Tiwana on Dec 23, 2004 in Mauripur. They were earlier released on bail by the sessions court.
Complainant of the case Rizwan moved the SHC for cancellation of their bail. His counsel Chaudhary Mohammad Rasheed and Chaudhary Mohammad Ramzan argued that the sessions court erred in granting bail to the accused as there was sufficient evidence against them to prove the murder charges.
They prayed the court to cancel the bail of the accused as they were not entitled to it.
The SHC's single bench comprising Justice Mohammad Moosa K. Laghari after hearing the case observed that the case of bail was not made out against the accused and cancelled their bail.
Meanwhile, the same bench hearing a quashment application of three applicants in a police encounter case directed the trial court to decide the case of applicants till Oct 5.
Ghulam Fareed, Mohammad Lateef and Sajid were booked by the Baghdai police in an extortion and police encounter case.
However, the applicants contended that they were falsely implicated in the case by the accused in the Abid Tiwana murder case as they were key witnesses of the prosecution against the accused. They said police also exonerated them as no sufficient evidence was found against them.
The court directing the trial court to decide the matter till Oct 5 and adjourned the hearing till Oct 17.
harassment case: A single bench of the Sindh High Court comprising on Justice Zawar Hussain Jafari on Monday issued a notice to the advocate-general of Sindh to appear before the court on Oct 9 in a case of harassment of a KWSB sub-engineer, Muhammad Zahir, by police, adds Online.
Mr Zahir had filed a constitutional petition in the SHC through Advocate Rizwan Nadeem. In his petition, he stated that the sub-inspector for investigation of the Sachal police station, Arif Iqbal Shah, had booked and arrested him in a fake kidnapping case about one-and-a-half years back. The petitioner further stated that the said police officer had obtained his 14-day physical remand.
Mr Zahir maintained that despite his innocence in the case, the said police officer had taken a bribe of Rs1 million from him and instead of setting him free under section 169 he had been freed under section 497 with the malicious intention so that he could be harassed repeatedly.
He also produced a report of a departmental inquiry conducted against the police officer on the charges of corruption and in the light of the said inquiry report he had been suspended from service.
The petitioner said that after reinstatement on service, Atif Iqbal had once again stated harassing him.
Justice Zawar expressing his annoyance over the attitude of the investigation police remarked that if the police meted out such treatment to a sub-engineer of a government organization then their behaviour to the common man could be imagined.
The court directed the SHO of the Sachal police station not to assign any responsibility to Atif Shah till the final decision of the case, adding that a case might be registered against the police officer.
