City govt restrained from plot

Published March 11, 2005
KARACHI, March 10: The Sindh High Court restrained the city district government on Thursday from raising any construction on a plot earmarked for development of a park.

The Cane Market Merchants Association instituted a suit claiming that the city government planned construction on a plot in front of the furniture market on Queen?s Road.

It said the plot was meant for a park and could not be put any other use by any authority. The plaintiff association submitted that once a plot was reserved for public amenity, it could not be used for any other purpose under the law and rules and regulations and the judgments of superior courts.

Justice Mushir Alam, who heard the plaint, passed an interim stay order and adjourned further hearing.

STAY REFUSED: The judge declined to stay inquiry proceedings against NWFP Assembly member Malik Imran Khan. The plaintiff was elected from provincial constituency PF-75 (Lakki-II) in the October 2002 general election. He claimed to be a graduate of the University of Karachi but the university instituted an inquiry into the authenticity of his degree on receiving complaints from various quarters, including his rival candidates.

The MPA instituted a suit for a declaration that his degree was genuine and for a permanent injunction against the university to bar it from holding any inquiry into the matter. Pending the hearing of the suit, he sought an interim order restraining the university.

Appearing for the defendants, including the anti-corruption department, Additional Advocate-General M. Ahmed Pirzada submitted that the university had only initiated a probe and issued a show-cause notice. No final action had been taken and the matter was under investigation. The defendants had acted in good faith on complaints without any malice and were holding an impartial inquiry to ascertain the truth of the matter. In fact, the probe could lead to an early vindication of the plaintiff?s claim if he cooperated with the inquiry officer, the AAG said.

Justice Mushir Alam refused to stay inquiry proceedings and adjourned further hearing of the suit.

BTech degree: The Sindh High Court dismissed on Thursday two writ petitions praying that B Tech (Honours) degree holders be treated at par with BSc (Engineering) graduates for promotion in the Sindh Local Councils Service, adds PPI.

The petitioners, both SLCS members with B Tech degrees, submitted that they had been denied promotion despite their length of service.

Contesting the petition on the provincial government?s behalf, Additional Advocate-General M. Ahmed Pirzada submitted that promotion was not a vested right and it was for the employer government or department to determine fitness. Insofar as equivalence of degrees or qualifications of engineers was concerned, it well in the purview of the PEC, which granted licences to engineers. The petitions were not maintainable.

A division bench, comprising Justices Ataur Rahman and Zia Pervez, dismissed the petitions after hearing the AAG and the petitioners? counsel.

Meera?s film: A petition has been filed in the Sindh High Court on Thursday seeking ban on release of Bollywood film ?Nazar? in Pakistan which generated controversy after performance of film actress Meera with Indian actor.

Muzafar Askari submitted Meera?s action were against Islamic ethnic and moral values depicted in the Article of Constitution and are also violative of various provisions of law, including ?Motion Pictures Ordinance 1979, Censorship of Films Rules 1980, Censorship Code 1980.

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