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KARACHI, June 9: The Sindh High Court has suspended the Hyderabad district and sessions judge Lal Mohammad Khero and instituted an inquiry into his conduct.
The district judge, it was found during scrutiny of record by the SHC administration committee headed by acting Chief Justice Azizullah M. Memon, got an approval for allowances for judicial officers from the former chief justice, Mohammad Afzal Soomro, by misrepresenting and concealing facts. The proposal had not been submitted to the provincial finance department in accordance with the normal practice but was put up before the CJ directly. Every such proposal is first referred to the finance department for consideration of financial implications. The new allowances involved an expenditure of Rs50 million per annum.
The SHC inspection judge Justice Khalid Ali Z. Qazi, meanwhile, expressed his displeasure over the pace of work on judicial projects in Hyderabad. The judge visited the residential colony being built for judicial officers and the renovation work at the old collector’s office there. The projects have been undertaken under the Access to Justice programme and the judge told the officials concerned to expedite the work without compromising on its quality.
Child custody case
The Sindh High Court issued fresh non-bailable warrants and ‘red notices’ for the arrest by Interpol of a man absconding with his minor son taken away by him from his divorced wife’s custody, and issued contempt notices to two Federal Investigation Agency officials for ‘conniving’ in his escape in violation of the court order.
Absconder Ghulam Mohammad Noori’s counsel, Kumail Ahmed Shirazi, who got the earlier ‘red warrant’ withdrawn on May 6 by submitting an undertaking that his client would appear within 20 days with the child and restore minor Abbas Noori’s lawful custody to Fiza Rizvi Noori, his divorced wife, was reprimanded by Justice Rana M. Shamim, the vacation judge seized of the matter. He requested withdrawal of his power of attorney on Noori’s behalf.
Advocate Shirazi’s undertaking was disowned by Noori, who wrote from the United States through his attorney there that he had no intention of returning to Pakistan or bringing back his child as both of them were also US citizens and a US court had barred Abbas Noori’s removal from its territorial jurisdiction. The SHC had earlier ordered attachment of Noori’s immovable property.
Two FIA officials, Syed Ghias Anwar of Islamabad and Abdul Razzaq Cheema of Karachi, were issued contempt notices for ‘conniving’ in Noori and Abbas’s escape from Pakistan despite a high court order requiring them to remain within the court’s territorial jurisdiction and directing the interior ministry and the FIA to place their names on the exit control list.
Advocates Adnan Karim and Ghulam Haider appeared for Ms Rizvi.
Minister’s passport released
A division bench comprising Justices Syed Mahmood Alam Rizvi and Ghulam Dastgir A. Shahani asked the SHC nazir to release the passport of provincial education minister Pir Mazharul Haq.
The passport was ordered to be deposited earlier this year when the high court granted bail to the PPP leader in an accountability case involving irregular allotment of government land. The case was later discharged by the trial accountability court under Section 265-K of the Criminal Procedure Code for want of evidence. The bail bond was discharged following Pir Mazhar’s acquittal.
The passport, which remained in the nazir’s custody, was ordered to be released after hearing him and his counsel Shahadat Awan in chamber.
Attorneys’ plea
Another division bench consisting of Justices Yasmin Abbasy and Bin Yamin issued notices in a petition moved by Suresh Kumar and seven other deputy district attorneys against their suspension.
The petitioners’ counsel, Gohar Iqbal, submitted that they were selected by the Sindh Public Service Commission out of hundreds of candidates who applied for the grade 17 posts early in 2005. They were appointed in different districts and their posts were also upgraded to grade 18. An inquiry was, however, held behind their back and they were suspended by the provincial government following the inquiry.
They said they were duly appointed after scrutiny of their academic and other qualifications and after their success in tests conducted by the SPSC. They had been performing their duties satisfactorily and could not be suspended from service without due process of law.
Issuing a notice to the provincial government, the bench barred the respondent from taking further action for their removal from service. The respondent was also asked to produce the record of their service and recruitment.
Meanwhile, SHC Registrar Syed Jamil Raza Zaidi has warned the court staff against seeking leave on the telephone.
In a circular issued to the staff, he warned that the employees seeking sick or casual leave on the phone would be suspended forthwith. No excuse conveyed on the phone would be accepted for grant of leave, he said.
