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KARACHI, July 7: A division bench of the Sindh High Court on Monday expressed concern over lack of enforcement and abuse of the Juvenile Justice System Ordinance, 2000, in the province.
Taking suo motu notice of the condition of juvenile offenders in the province’s jails, the bench comprising acting Chief Justice Azizullah M. Memon and Justice Khalid Ali Z. Qazi observed that the ordinance had been made an example of how a good legal measure could be perverted to become an instrument of injustice and corruption.
From the reports submitted by sessions judges and judicial magistrates, it transpired that a number of adult accused or criminals were being kept in cells or barracks meant for juvenile offenders. They were being unlawfully extended the concessions and facilities provided for juvenile offenders. Conversely, genuinely under-age delinquents and offenders, for whose benefit the ordinance was promulgated, were being denied the facilities they were entitled to under the law. About 300 juvenile offenders were being kept with adult prisoners, according to an estimate.
Another fact underscored by the reports was that in a number of cases, the trial courts were not trying the juvenile offenders under the ordinance. Their cases were not being separated from those of their adult co-accused.
Inspector-General Prisons Mohammad Yamin Khan was present during the hearing on Monday but Additional Advocate-General Abbas Ali informed the bench that the advocate-general would like to appear in the case in view of the importance of the matter. Deputy Attorney-General Rizwan Ahmed Siddiqui also sought an adjournment. Ruling out a longer adjournment, the bench fixed the hearing for Tuesday.
Advocate Mohammad Ilyas Khan has been appointed amicus curiae in the case.
Relief for goth residents
Justice Mrs Qaiser Iqbal, meanwhile, allowed the petitioner residents of Madho Goth, located near Safari Park, to rebuild their houses demolished by the revenue, land utilization and municipal authorities and a cash-and-carry departmental store. The petitioner submitted through advocate Zubeda Jamali that their houses were razed despite a stay order in their favour since 2002.
Appearing for the respondent departmental store, advocate Khwaja Mansoor submitted that the store was granted leasehold rights over 11 of the 29 acres being claimed by the petitioners. He said certain temporary structures raised on the leased land were demolished to facilitate the construction of the store in terms of the lease.
Overcharging for CNG
Chief Justice Azizullah M. Memon, meanwhile, issued notices to respondents for July 10 in a petition agitating overcharging by CNG dealers.
Petitioner-lawyer Maqboolur Rehman said as against the official increase of Rs5, the dealers were charging Rs13 over and above the previous price.
Another lawyer, Javaid Ahmed Chhatari, said in his petition that CNG was being sold for Rs38.25 a kilo before July 1. The price shot up to Rs51.25 a kilo as minister in-charge of petroleum Shah Mehmood Qureshi announced a raise on July 1. The overcharging and profiteering by the dealers amounted to extortion and they should be dealt with accordingly. They should also be made to refund the ‘extorted’ amount, the petition adds.
Munno Bheel case
The provincial government has moved an appeal against the grant of bail to Abdul Rehman Marri, the landlord accused of keeping Munno Bheel and members of his family in illegal confinement. Mr Marri was admitted to bail by Justice Farrukh Zia G. Shaikh of the Sindh High Court on medical grounds, among other reasons. The appeal says that the medical certificates produced by the accused to win release were not genuine. The accused was not entitled to bail, it added.
Meanwhile, the court refused bail to Sheikh Mohammad Atif, recovery officer of the Muslim Commercial Bank, who is alleged to have caused the death by suicide of Tufail Shah, an alleged loan defaulter.
