KARACHI, Jan 5: The Sindh High Court adjourned two French journalists' plea for release of their passports to Jan 8 to enable the federal government's standing counsel to seek instructions from the ministry of interior.
Appearing in response to a court notice of Jan 2, standing counsel Mahmood A. Rizvi submitted before Justice M. Sadiq Leghari that the authorities in Islamabad could not be contacted due to the flurry of activity caused by the Saarc summit in the federal capital and the government. They sought a week's adjournment to obtain the requisite instructions and place them before the court.
Advocates Nafees A. Siddiqui and Raheel Nafis said the matter was of urgent importance and had been allowed by the court to be treated so and heard during winter vacation. The one-month permission granted to reporter Joel Marc Epstein and lensman Jean Paul Gulliteau of the Paris weekly L'Express for stay in the country would expire on Jan 6 and 7, respectively. They needed their passports to request extension of their stay. The visas are, however, valid till March.
Besides, the lawyers argued, the trial sessions court order for surrender of the journalists' passports at the time of their release on bail amounted to alteration of the high court bail order. The high court had admitted the journalists to bail in the sum of Rs 100,000 each and personal bonds in the like amount. The lower court had only to satisfy itself that the surety and bonds were validly furnished; it could not add another condition to the grant of bail.
The passports were ordered to be deposited with the Federal Investigation Agency, which is prosecuting the two newsmen under the Foreigners Act for visiting Quetta and the Pakistan-Afghan border areas in violation of their visa rules. They went to Balochistan for a four-day stay for filming a documentary on Taliban.
The counsel for the petitioners, who were present in the court on Monday, also maintained that the final charge-sheet in the case had been submitted in the trial court and the high court could see in its extraordinary jurisdiction whether there was a triable case against the accused. They contended that the prosecution has failed to make out a case and it should be quashed by the high court as their was no likelihood of conviction on the basis of the record produced by the FIA.
The court observed that the matters agitated by criminal revision petitions could very well have been raised before the trial court, which was fully competent to grant the reliefs requested. The high court could be approached only after exhausting the ordinary remedies available, Justice Leghari observed, and asked the standing counsel to address arguments on the question of maintainability of the revision petitions.
Meanwhile, the case is fixed before Additional Sessions Judge Nuzhat Ara Alavi on Jan 10.
BAIL GRANTED: Justice Mohammed Sadiq Leghari of High Court of Sindh on Monday granted bail to an accused booked in a theft case, adds APP. Mohammed Adil Baig arrested on charge of stealing a motorcycle from Judia Bazar sought bail through advocate Khawaja Naveed Ahmed. The counsel submitted that the incident occurred in May 2001 and the accused was arrested in December last.
There was no clue linking the accused with the alleged crime and even he was arrested after a delay of two years, hence the alleged recovery is doubtful, submitted Khawaja Naveed, advocate.
The bench, after hearing the state counsel and the counsel for the accused, admitted him to bail against a surety of Rs50,000. According to prosecution, Basheer lodged an FIR with the anti-car lifting cell, Gizri, that he parked his motorcycle at Judia Bazar and went to a shop. On return, he found his motorcycle missing. The complainant did not name any person in the FIR.
Another bench of SHC, comprising Justice Mushir Alam, disposed of a constitutional petition as not pressed. The petition was filed by two senior citizens, Mohammed Sharif and Mohammed Mubashir who alleged harassment at the hands of Liaquatabad Town investigation police conducting an inquiry in a murder case.
The petitioner, moving the court through their counsel Aqil Zaidi, alleged that DSP Altaf Hussain is harassing them at the behest of Mohammed Aslam, husband of their niece. Mohammad Shoaib, brother of respondent Mohammed Aslam, was killed by some unidentified gunmen on Aug 8. Police first arrested Shahnawaz, Younus, Kashif, Samiullah on suspicion but later released them under Section 169 CrPC.
AAG Abbas Ali and standing counsel Akhtar Rehana, appearing along with respondent DSP Altaf, held out an assurance that petitioners will not be harrased. The counsel expressed satisfaction over the undertaking by the officials after which the bench disposed of the petition as not pressed.
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