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KARACHI, Oct 19: A division bench of the Sindh High Court dismissed on Friday a constitutional petition filed by employees of the SHC against the appointment of civil judges and judicial magistrates on the quota basis.
The bench consisted of Justice Sabihuddin Ahmed and Justice Ali Aslam Jaferi.
The petition was filed by Ayaz Mohammed Khan, who was among the 48 who had qualified in the written examinations conducted for the said appointments.
It was their contention that they had secured more marks than those selected on the basis of the quota system.
NOTICE: Another division bench of the Sindh High Court put the Nazim and Naib Nazim of a union council and the SI Kalri police station on notice for Oct 25 in a constitutional petition filed by Mohammed Afzal pertaining to a business deal.
The bench comprised Chief Justice Saiyed Saeed Ashhad and Justice Musheer Alam.
The petitioner had borrowed money from the respondent, Habibur Rahman, with an arrangement to pay a certain amount on sale proceeds. The petitioner maintained that he did so till Aug 2000.
In May this year the respondent suddenly demanded the return of money from him, but he refused the payment after which he approached the Nazim and the Naib Nazim of the union council concerned, the petitioner maintained and said that he was summoned thrice by the Nazim.
He further maintained that, on Sept 22, SI Sabir summoned him to the police station and forced him to pay the money back to Habibur Rahman, or to stop his business. The SI, he alleged, also threatened to implicate him in fake cases under the Arms Ordinance etc, maintained the petitioner.
After initial arguments, the court issued notices to the respondents for Oct 25.
The same bench also issued notices to the Advocate-General Sindh, the Nazim and the Naib Nazim of Keamari Town, returning officers and the Election Tribunal Sindh, in a petition filed by Humayun Mohammed Khan who lost the election by the difference of one vote which, according to petitioner, was “a challenge vote” as per orders by the same bench in another constitutional petition filed by a candidate, Iftikhar Ali.
ACQUITTED: A division bench of the Sindh High Court acquitted two appellants/ accused of drug charges and set aside their conviction and sentence.
The bench comprised Justice Ghulam Rabbani and Justice Wahid Bux Brohi.
Petitioner Hasina and her son Imran had filed the appeals against the sentence awarded to them by the Special Judge for Control of Narcotics Substance (CNS) District East, Mrs Qaiser Iqbal.
The appellants/accused were sentenced to a jail term of eight years each, besides a fine of Rs one million and in default they had to undergo an additional one year’s imprisonment.
According to the prosecution, the appellants/accused were arrested by a patrolling police party of the Anti-dacoity and Robbery Cell on November 23, 1998 in Korangi, and they were alleged to have possessed five kilograms of heroin.
During hearing of the appeals, Assistant Advocate-General Sindh Habib Ahmed drew the court’s attention to a glaring discrepancy in the weight of the recovered contraband by the investigation officer and the weight given by the chemical examiner.
After perusing the record and papers of the case, the court held that there was material difference between the alleged recovery, and thus the recovery was doubtful. The court also noted the difference regarding the place of arrest of the accused.
In view of these discrepancies the court set aside their conviction and sentence, and also ordered their release forthwith, if not wanted in any other case.
ACTION STOPPED: A division bench of the Sindh High Court admitted on Friday an appeal of Siemens Engineering, and restrained the collector sales tax from taking any coercive action against the appellant.
The bench comprised Justice Ghulam Nabi Soomro and Justice Mujeebullah Siddiqui.
Another appeal by the same company against an order of the Customs Appellate Tribunal Lahore Bench on the question of demanding sales tax on advance received by the appellant was dismissed in limine on the point that questions of law were not raised before the Tribunal. However, the bench granted permission to file the appeal afresh.
