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KARACHI, Dec 21: The Sindh High Court on Tuesday restrained the anti-terrorism court trying the 'doctor brothers' from announcing the judgment in their case till the disposal of their transfer application.
Justice Sabihuddin Ahmed also issued the advocate-general a notice for hearing of the application on Dec 28. Dr Akmal Waheed and Dr Arshad Waheed are accused of providing shelter, financial assistance and medical treatment to the Jundullah activists who ambushed the Karachi corps commander's convoy in June.
The case is being tried by Judge Feroz Mehmood Bhatti, presiding officer of anti-terrorism court number two. Appearing for the applicants, Advocate M. Ilyas Khan alleged that the anti-terrorism judge was siding with the prosecution. Inadmissible material was being allowed to be brought on record and the judge openly talked of 'the pressure being exerted on him'.
He requested that the case may be transferred to some other anti-terrorism court on ground of bias. Issuing notice to the AG, Justice Ahmed rejected the applicants' plea for stay of trial. The trial may proceed but the judgment in the case should not be announced till the disposal of the transfer plea, he directed.
Meanwhile, the writ petition, moved by Dr Fauzia Akmal and Dr Farzana Naz, wives of the accused, against their arrest under the preventive detention provisions of the Anti-Terrorist Act following their release on bail by the high court, was on Tuesday adjourned to Dec 23.
The case was left over because of the paucity of time and a division bench, comprising Justices Anwar Zaheer Jamali and S. Ali Aslam Jafri, fixed Thursday as the next day of hearing at the request of the petitioners' counsel, M. Ilyas Khan.
The accused have been arrested under Section 11-EEE of the ATA to prevent them from helping terrorists belonging to the activists of the outlawed terrorist outfits Jundullah, Al Qaeda and Hizbul Tehreer.
According to the petition, however, the detention was meant to bypass their release on bail. Besides, they could not be arrested under Section 11-EEE without first being proceeded against under the preceding Section 11-EE, the petition said.
AUCTION CASE: Justice Ataur Rehman of the Sindh High Court restrained the Sindh Local Government Commission from proceeding against the city nazim for granting a 99-year lease of a plot in Saddar.
The plot was resumed by the city government following expiry of a 30-year lease and inability of the old lessee, who carried his dry cleaning business on the plot under the name of 'Americano', to renew the lease on the enhanced new rates.
The city government auctioned the leasehold rights and granted a 99-year lease to the new lessee. The provincial government and the old lessee questioned the city nazim's authority to lease out government land for 99 years. They said the nazim had no power under the Sindh Local Government Ordinance to grant 99-year leases.
Appearing for the city government, Advocate Manzoor Ahmed submitted that the matter was already under the Sindh Local Government Commission's consideration and the latter be restrained from proceeding further to avoid multiplicity of proceedings. The court stayed the proceedings pending a judicial determination of the issue.
