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KARACHI, Aug 27: A division bench of Sindh High Court has given three days to the Karachi Building Control Authority to furnish the names of the officials concerned, who contemptuously ignored the High Court orders for more than two years on one pretext or other.
The bench comprising Justice Anwar Zaheer Jamali and Justice Maqbool Baqer passed the orders in the hearing of a constitution petition filed by the Khatiawar Cooperative Housing Society which moved the court against raising of illegal structures by some of its members/ purchasers.
The KBCA counsel, Anwar Ali Shah, sought time for submitting the compliance report regarding an order passed by a division bench of Sindh High Court on March 19, 2002, and subsequent orders in the matter.
The bench stated: "We have gone through the record of the case and notice with great concern that not only the compliance of order has not been made by the KBCA for such a long period but even total disrespect has been shown to subsequent orders."
According to the order passed on March 19, 2002, the KBCA was directed to demolish the illegally constructed third floor within four months time. When the matter came up for hearing on Friday, the court directed KBCA chief controller to submit the names of all officers concerned, who were responsible for such a delay in action within three days.
Afterwards, the bench observed, show- cause notices would be issued against the said officers for their personal appearance before the court on the next hearing. The bench also asked the KBCA to furnish particulars of owners of property who have constructed the project as builders. Later, the bench fixed Sept 15 as the date for next hearing.
APPEAL ADMITTED: An appellate bench of Sindh High Court, comprising Justice Wahid Bukhsh Brohi and Justice Rehmat Hussain Jaffery, admitted an appeal against conviction and sentence in a case of alleged arms recovery.
M. Riaz moved the court impugning conviction and sentence by an anti-terrorism court, which awarded rigorous imprisonment for seven years and imposed Rs50,000 fine on the accused.
According to prosecution, the accused was arrested on April 1, 2002, while sitting on a motorcycle outside a milk shop within Mehmoodabad police jurisdiction under Section 54 of CrPC.
On April 5, 2002, the accused lead the police party to a place near Usmania Masjid in Sector-F of Manzoor Colony, and pointed out a pistol hidden/concealed under the garbage. He was booked and tried under Section 13-e of the Arms Ordinance.
When the appeal came up for hearing on Friday, the counsel for appellant, M.R. Syed, submitted that the Section 13-e was not a scheduled offence under Anti-terrorism Act and trial court had no authority to try such cases.
He maintained that the recovery was made after a delay of four days on April 5, 2002. The bench after hearing the counsel for appellant admitted the appeal for regular hearing.
NARCOTICS CASE: An appellate bench of Sindh High Court, comprising Justice Wahid Bukhsh Brohi and Justice Rehmat Hussain Jaffery, admitted an appeal filed by a convict in 495kg charas smuggling case.
The appeal was filed by Anwar Hussain Qureshi, who was convicted and sentenced to serve life term and pay a fine of one million rupees by the Special Court for Control of Narcotics Substances.
According to prosecution, accused along with co-accused Raees Khan and Muhammad Pervez planned to smuggle charas to Ontario, Canada. On an information, the Customs officials recovered 495kg charas and nabbed the appellant during a raid on a house located in Usmania Colony, Jehangirabad.
Raja Qureshi advocate appearing for the appellant took plea that "Custom House" is not a notified police station and therefore no FIR could be lodged at the place against any person.
He contended that provisions of Section 103 CrPC were not complied with and the alleged recovered property was also not produced before the court. The bench after initial arguments by the counsel for appellant admitted the appeal for regular hearing while issuing notice to the state.
PLEA DISMISSED: A division bench of Sindh High Court, comprising Chief Justice Saiyed Saeed Ashhad and Justice Syed Zawwar Hussain Jaffery, dismissed on Friday a constitution petition against a book which allegedly criticized judiciary.
Sardar Tariq Khan Niazi advocate moved the court against publication of book, "Adlia: Tareekh Ke Aine Main" (Judiciary in Historical Perspective), a compilation of articles written by Advocate Muhammed Ibrahim Azmi published in a local Urdu daily newspaper.
The petitioner referring to number of excerpts from the articles prayed to the Court to direct Secretary Law (Sindh) to impose a ban on the book and also to direct the writer/ compiler to tender unconditional apology.
After hearing the petitioner and the respondent, the bench held that constitution petition under Article 199 of the Constitution was not a proper course. The bench observed that there were provisions whereby petitioner was required to move the law department bringing to its notice the derogatory, undesirable remarks and a ban could be placed if the department was convinced.
The bench further stated that the petitioner also had alternate, adequate and efficacious remedy by filing an application under the Contempt of Court Ordinance against Ibrahim Azmi advocate. With the above observation, the bench dismissed the petition as misconceived and not maintainable.
HEARING ADJOURNED: The division bench of Sindh High Court, comprising Chief Justice Saiyed Saeed Ashhad and Justice Syed Zawwar Hussain Jaffery, put off hearing of a petition challenging the alleged illegal detention of a resident of Gulshan-i-Iqbal after respondent police officials sought time to find whereabouts of the missing citizen.
Humera Ali, wife of Ali Muhammad, filed the petition maintaining that a police party raided her house and arrested her husband on May 5, 2004. The detainee was not produced before any court of law nor his whereabouts were being disclosed, maintained the petitioner.
When the matter was taken up, SHO Irfan Zaman and DSP Mazhar Maswani were present before the court along with Additional Advocate General Sindh. The police official sought time to find out the whereabouts of the missing citizen. The bench allowing the request put off the hearing till Sept 7.
PETITION DISMISSED: A bench of Federal Shariat Court dismissed on Friday a criminal revision as not pressed while directing a subordinate court to decide a complaint in an alleged Zina case within three months.
Dr Anwar Hussain had moved the court alleging that his wife went away from his house and had been living with his former servant, Muhammad Kashif. He maintained that he had not divorced his wife Mst ZH and hence the respondents, Muhammad Kashif and Mst ZH were committing Zina.
The applicant making TPO and SHO of Liaquatabad, and civilians Muhammad Yousuf and Abu Tauheed as respondents sought legal action including registration of FIR against Kashif and Mst ZH under Hudood laws.
On Friday, the applicant after arguing the application for some time requested the court that he would not press the issue as he intended to file a complaint before a competent court having jurisdiction.
The bench allowing the request dismissed the matter as not pressed and directed the concerned court to decide the complaint, if any, was filed by the applicant within three months. -APP
