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KARACHI, Nov 28: A division bench of the Sindh High Court adjourned on Tuesday hearing of a petition moved by a former Pakistan Air Force cadet against his trial, conviction and sentence by a field general court martial.
Petitioner Mohammad Imtiaz, now in prison, stated that he joined the PAF in August 2001 and passed several courses.
He was tried and convicted by the FGCM in October 2004 for taking oath of allegiance to the ‘Amir’ of a religious organisation and for receiving training at Balakaot in June 2003 without obtaining permission or authorisation from the competent authority.
He was held guilty of committing acts prejudicial to the discipline and good order of the PAF and was sentenced to imprisonment for nine-and-a-half years by the FGCM.
His appeal to the standing court of appeal and mercy plea to the competent authority were dismissed.
The petitioner contended that the FGCM was not constituted in accordance with the law. His colleagues tried for the same offence by the same FGCM were awarded jail terms of less than two years in violation of Articles 4 and 25 of the Constitution ensuring equality before law.
Adjournment was sought on behalf of the petitioner’s counsel, M Asif Malik, due to his absence from Karachi while a federal attorney sought time for filing comments. Chief Justice Sabihuddin Ahmed and Justice Faisal Arab, who constituted the bench seized of the petition, adjourned the hearing to January 2007.
WARRANTS ISSUED: Another division bench, comprising Justices Rehmat Husain Jafri and Yasmeen Abbasy, issued a non-bailable warrants for the arrest of an alleged trickster-turned-murderer, who was acquitted by a sessions court for lack of evidence.
Tanvir alias Zulfi assured his friend Mirza Rizwan Abbas, who had been cheated of his residential plot, that he would get his property restored through black magic. The ‘magician’ came to Rizwan’s flat Saima Pride, Block 10, Gulshan-i-Iqbal, at 7pm on June 20, 2000.
There was nobody in the flat besides Rizwan, 45, and his old mother. It is not known how long Tanvir stayed in the flat but when Rizwan’s sister came to the apartment at 11pm, she found her brother and mother in a pool of blood with their throats slit. Cash and valuables were missing.
She informed other members of her family of the incident and Mirza Irfan Abbas, her and deceased Rizwan’s brother lodged a report with the Gulshan police.
The case proceeded before a sessions court, which acquitted Tanvir for lack of evidence.
The complainant moved an appeal in the high court through Advocates Khwaja Naveed Ahmed and Rahat Ahsan. Admitting the appeal, the bench issued non-bailable warrants for the arrest of the acquitted accused.
APPEAL DISMISSED: The bench dismissed another appeal against the acquittal of Marwat Khan and his brother, Ghulam Nabi Khan, in the murder of Bahadur Khan by a sessions court.
Upholding the arguments advanced by Advocates M. Ashraff Kazi and Sajid Munir Shah, the bench observed in its order that the sessions court had rightly acquitted the two accused as there was no evidence against them. The appeal was moved by deceased Bahadur Khan’s brother, Mohammad Rafi Khan.
CDGK RESTRAINED: Justice Mushir Alam restrained the city district government of Karachi from taking any coercive measure against contractor Naveed Ahmed of Aqib Builders.
The contractor claimed that he was awarded contract for construction work in the Orangi and Bin Qasim towns.
Instead of clearing his bills, the CDGK authorities stopped all payments and issued him a show-cause notice. The DCO threatened to blacklist him in the presence of other contractors. He demanded Rs50 million from the CDGK and the DCO as damages for his defamation.
