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KARACHI, Sept 26: Disbelieving a police statement, the Sindh High Court ordered release of an accused on bail on Wednesday and recommended action against two police officers.
The court was moved by Ms Kulsoom, who addressed a complaint to the chief justice saying that a police party raided her house in the Mithani police station, Naushero Feroze, and took away her son, Ghulam Akbar Channa, on Sept 16, without any warrant.
Chief Justice Sabihuddin Ahmed converted the complaint into a petition and directed district police officer Gul Mohammad Sher and station house officer Karim Bakhsh to appear on Sept 26, produce the detainee and explain why he had been picked up and detained.
The police officers appeared before a division bench, headed by the CJ, and produced the detainee. They claimed that they intercepted a motorcycle on a road at noon on Sept 16 while on patrol duty and recovered two Kalashnikov rifles from the detainee, who was carrying them in a plastic bag. His accomplice, Mohammad Ayub, who was riding the same motorcycle, escaped. An FIR was registered under the arms ordinance.
The bench asked Additional Advocate-General Dr Qazi Khalid Ali whether a criminal would take the risk of carrying two illicit Kalashnikov rifles in a plastic bag at mid-day on a public road. The explanation, it remarked, was incredible. The AAG agreed and the bench ordered that the detainee be set free on bail against a surety of Rs50,000 to the satisfaction of the nazir. The complaint and the police explanation should be sent to the chief secretary and the inspector-general of police along with the court order for administrative action against the two officers. The rifles should be given to the trial court for disposal in accordance with the law, it directed.
Webb ground case
A division bench of the Sindh High Court asked the Ministry of Defence on Wednesday to file its comments on the ownership of the Webb Ground in the Lines Area by Oct 4.
M/s Makro-Habib, the main respondent who are constructing a cash-and-carry departmental store on the Webb Ground, have claimed in their rejoinder that the land belonged to the Ministry of Defence, which gave it to the Army Welfare Trust and the latter leased it out to the company. It is not an amenity plot and the mere fact that children used it as a playing field does not make it one.
Justices Sarmad Jalal Osmany and Ali Sain Dino Metlo who constitute the bench hearing the petition, issued notices to the Ministry of Defence and the Military Estate Office to ascertain the correct position.
Petitioner Mahfoozun Nabi, a former councilor of the area, says that it had long been used as a playground and there was no doubt about its being an amenity plot. An NGO, Shehri, joined as a co-petitioner and said that the impugned construction would deprive residents of Lines Area of their only recreation spot. It would also lead to commercialisation and pollution of the residential area.
The petitioners, meanwhile, moved a contempt application alleging that the construction was proceeding apace despite a stay order. They produced photographs taken in the presence of a court official. The bench brought the pictures, showing construction work in progress, on record for consideration on Oct 4.
Notice issued to builder
Another division bench comprising Justices Mushir Alam and Arshad Siraj on Wednesday issued notice to a builder and developer for constructing a building allegedly in gross violation of the building rules and regulations in a congested area.
