KARACHI, Feb 27: A division bench of the Sindh High Court, comprising Justice Anwar Zaheer Jamali and Justice S Ali Aslam, Jaffri on Friday declared illegal the two notifications issued by the Sindh Local Government , restraining Mr Shahid Alam, alias Guddu Bihari, from acting as nazim of the Orangi Town.

Announcing the judgement, the bench allowing the petition, filed by Muhammed Shahid Alam alias Guddu Bihari, held that the respondent could have recalled/removed the nazim under section 62 and 63 of the Sindh Local Government Ordinance, relating to External Recall and Internal Recall or by taking appropriate legal action under relevant laws of the country, dealing with the cases of corruption and malpractice.

Rejecting the arguments advanced by Sindh advocate general on behalf of respondent, the bench said in judgement that "we are not impressed by the submission of Mr Anwar Mansoor Khan that since inquiry proceedings with reference to serious allegations of corruption are pending against the petitioner, therefore issuance of notifications dated 5-12-2003 and 6-12-2003 by the respondent was justified.

There is hardly any need to observe that when the ordinance does not permit actions of such nature against the petitioner, then seriousness of allegations will not warrant or give legal cover to such actions of the respondents."

The bench further held that Sindh AG also failed in satisfying the court on the question that what prevented enquiry officer/agency from carrying out and concluding enquiry against the petitioner from 5-12-2003 till date, if that was the only reason for keeping the petitioner away from his office as town nazim.

"Conversely, the submissions made by Kamal Azfar, the counsel for the petitioner, that series of actions taken against the petitioner to keep him away from his office and to manage the affairs of the Orangi Town Municipal Administration at the convenience of respondents, are all mala fide and without jurisdiction, seems to have force," the bench observed.

"In our view, if, for the sake of argument, there is any substance in the allegations levelled against the petitioner, then for that purpose, on one hand procedure could have been followed for his recall/removal as contemplated under sections 62 and 63 of the ordinance (SLGO)," the bench held.

Referring to the provisions of the SLGO, relating to recall or removal of Town Nazim, particularly section 62 and 63, the bench held "only zila nazim can take action against the town nazim, of in his opinion his continuance in the office is against the public policy or interest of the people or he is guilty of misconduct or members of Town Municipal Administration can also initiate action against the Town Nazim for internal recall, if they have reason to believe that the Town Nazim is acting against the public policy or the interest of the people or is negligent or is responsible for loss of opportunity to improve governance and the delivery of services."

The law (SLGO) has provided specific and distinctive procedure for the recall or removal of town nazim and makes it abundantly clear that respondent (Sindh Local Government Commission) has no direct role to play in the external recall or any similar action against town nazim.

When detailed schemes had been provided under the statute, for external and internal recall of town nazim, which amply covered the alleged unforeseen situations, as asserted by the respondents to justify their actions against the petitioner, then the provisions of section 197 of the ordinance could not be manoeuvred, stretched or interpreted, in a manner to empower the respondents No 2 to take action at their end in a way to bye-pass such course and to destroy the whole fibre and scheme of the statute, the bench said in its judgement, adding that "intent of the lawmakers is to minimize the involvement of the provincial government into the affairs of the local government."

The petitioner impugned a show-cause notice issued to him on May 8, 2003, its corrigendum on July 3, 2003 and overriding notifications dated Dec 5, 2003 and Dec 6, 2003, under which a ban was placed on all accounts of Orangi Town Municipal Administration, except the payment of salaries, pensions, maintenance and POL of sanitation vehicles, ordering special audit of the town and notifications restraining him from acting as nazim Orangi Town until further orders.

The petitioner prayed to the court to declare all actions against him as illegal and mala fide and restrain them from interfering into the affairs of Orangi Town administration.

JUDICIAL CUSTODY: An anti-corruption court on Friday remanded Mr Shahid Alam in judicial custody till March 4. Mr Alam was produced before the court, presided by Judge Sadiq Hussain Bhatti of the anti-corruption court-II, Karachi. The investigating officer, who cited corruption charges against the accused, was directed to submit a challan by next hearing. -APP