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KARACHI, Feb 13: The Sindh High Court asked the federal health ministry on Wednesday to submit a report on the progress and implementation of the prime minister’s programme for prevention and control of hepatitis ‘B’ and ‘C’.
Provincial coordinator of the programme Dr Zulfiqar Garor appeared before a division bench hearing a suo motu reference on the prevalence of hepatitis in the prisons of Sindh. A number of patients were found suffering from hepatitis during a judge’s inspection of the Khairpur jail in May 2007. He was told that the costly treatment for the ailment was not available in the jail and the prisoners would succumb to the disease sooner or later. Other jails were subsequently asked to see whether there were hepatitis patients among their inmates and whether any measures were being taken to prevent, control and treat the disease.
The provincial director-general for health, the Hyderabad jail superintendent and the co-coordinator appeared in response to court notices and informed it that about 10 prisoners were treated for hepatitis ‘B’ and ‘C’ as medicines for treatment were provided by the federal health ministry under the prime minister’s programme for prevention and control of the disease. However, 15 prisoners were still awaiting treatment as no medicines have been supplied since July 2007.
Deputy Attorney-General Rizwan Ahmed Siddiqui stated that the health ministry was about to invite tenders for procurement of the requisite medicines and they would be supplied to the provincial health department shortly. He said he would be seeking further instructions from the ministry in this regard and place them before the court on the next date of hearing.
Additional Advocate-General Abbas Ali submitted that the provincial health officials have already recorded their statements and a fresh date be fixed to enable the advocate-general to render more comprehensive assistance. The bench, which consisted of Justices Azizullah M. Memon and Arshad Noor Khan, adjourned the hearing to March 11 but exempted the federal and provincial health officials from personal appearance. The officials were asked to submit their reports through federal and provincial attorneys.
Police aid for KBCA
Another division bench comprising Justices Munib Ahmed Khan and Farrukh Zia G. Shaikh directed the city district government police station to provide assistance to the Karachi Building Control Authority in its demolition and eviction operations as and when required. Deputy police superintendent Chaudhry Zubair and KBCA demolition controller Shahid Wasim appeared before the bench for adjudication of a petition questioning illegal construction on plot number 395, Britto Road, Garden East. The builder has constructed rooms on the ground floor reserved for car parking in the sanctioned construction design.
The KBCA official said the authority had taken timely measures to stop the illegal conversion and demolished parts of the ground floor. However, the builders repaired the demolished structure and restored the rooms. The main obstacle to KBCA operations, he said, was absence of police assistance. No coercive measures could be taken by the authority to physically prevent unlawful construction.
The controller and KBCA counsel Shahid Jamil Khan denied DSP Zubair’s claim that the CDG police station always extended help to the KBCA. They said the assistance was never provided on time or in adequate measure. There were inordinate delays and the police squad deputed to assist the KBCA was insufficient to meet the requirement.
The bench directed the police to answer the KBCA call for help without delay and place an adequate number of policemen on its disposal. It took a serious view of the absence of the petitioner Karachi Welfare Society’s officials and counsel.
Notice to lawyer
Another bench comprising Justices Mrs Qaiser Iqbal and Mahmood Alam Rizvi issued a notice to Advocate Javed Iqbal Burqi, who got an execution stayed by solemnly stating at the bar that the heirs of a murdered man have reached a compromise with the death row convict, Javed Malik, under the law of qisas and diyet. Malik was sentenced to death for killing Amir Kakar in the Gulshan-i-Iqbal police station area in 1997. Kakar’s father, Mohammad Farid, lodged the complaint and pursued the case.
The convict had exhausted all the remedies, including appeals to the SHC and the Supreme Court and mercy petition to the president, and a black warrant had been issued for his execution on February 12 when a lawyer by the name of Javed Iqbal Burqi filed an urgent review petition, appeared before the court and sought stay of the execution as the heirs of the victim had pardoned the convict and that he had filed a review petition and the court issued notices to the advocate-general and the complainant. Meanwhile, the complainant father of the victim moved a petition when he came to know that the convict’s execution had been stayed.
Additional Advocate-General Fareed Ahmed Dayo and the complainant’s counsel, Iftikhar Javed Qazi, appeared before the bench on Wednesday. The AAG said the execution was stayed as ordered by the court but there was no compromise to his knowledge. Advocate Qazi categorically denied any compromise or pardon on behalf of the complainant. They called for the withdrawal of the stay order so that execution could be carried out in accordance with the law.
It transpired during the proceedings and the ‘vakalatnma’ or power of attorney had not been signed by Advocate Burqi, though it carried the stamp of a prominent law chamber. The bench issued a notice to Advocate Burqi for February 15.
