KARACHI, Jan 30: The appointment of director-general for re-enforcement and recovery, Karachi Electric Supply Corporation, as special magistrate of the KESC has been challenged in the High Court of Sindh.

In this regard a constitution petition has been filed by Noman Baqi Siddiqi, chief executive of a marble factory in Qasba, Metroville. In the petition the plea taken is that the appointment of the DG for recovery and re-enforcement as special magistrate is contrary to the law and norms of justice as he is a party in the FIRs lodged against the petitioner.

The petitioner has maintained that in such a situation, justice cannot be expected from him nor he can be termed a neutral person. In the petition it has been maintained that working of the respondent as special magistrate is not warranted under the law as after the Amendment Ordinance XXXVII of 2001 there is no designation of special magistrate but judicial magistrate, sub-judicial magistrate and magistrate of 1st, 2nd and 3rd class, who have specific powers under CrPC.

The petitioner pleaded that there was no provision under the Electricity Act-1910 for appointment of special magistrate nor special courts had been formed under the Act.

Hence the respondent had no powers to act as special magistrate and to take cognizance of the FIRs of the petitioner. The petitioner prayed the court that the FIRs lodged by a foreman and an XEN of the KESC against him were not valid as required under section-50 of the Electricity Act.

That the DG for recovery and re-enforcement, an employee of the KESC, cannot act as a special magistrate in the FIRs lodged by the KESC and cannot proceed with petitioner's cases as such.

The petition came up for hearing before a division bench of the Sindh High Court comprising Justice Anwar Zaheer Jamali and Justice Ali Aslam Jaffery here on Thursday.

The advocate for the KESC, Shafi Mohammedi, sought time as sensitive legal points had been raised in the petition which needed to be studied in detail. The court adjourned the hearing till a date in office. The petitioner was represented by Munib Ahmed Khan, advocate. - APP