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KARACHI, July 10: The Sindh High Court rejected review application filed by Shakila Firdous against trial and conviction of her husband conducted by the Field General Court Martial.
Through an application, the petitioner sought review of an order as main petition was dismissed by division bench of SHC, comprising Justice Mohammad Roshan Essani and Justice Zia Pervez.
The court dismissing petition observed that admittedly, petitioner's spouse Haji Ghulam Abbas, a fuel contractor of PAF, has not preferred any appeal before the competent authority. Moreover, he was convicted and sentenced by the FGCM within jurisdiction of Lahore High Court. Therefore, the court is devoid of jurisdiction and petitioner is hereby dismissed.
The petitioner, while citing secretary of defence and base commander PAF Base Chaklala Rawalpindi as respondents, submitted without obtaining remand, court of inquiry was conducted against Ghulam Abbas and he was tried by FGCM Rawalpindi which sentenced him to 23 years RI in contravention to law settled by the Supreme Court.
It was stated that the trial of a civilian by the FGCM should be held illegal as it was without jurisdiction.
Justice Zia Pervez, who heard the review application, after hearing arguments of petitioner's counsel Abdul Rauf Khan observed that no case for review of order has been made out as counsel has not been able to show any illegality in passing earlier order of December 18, 2003 in order to make out a case for recall. The application is dismissed.
Earlier, petitioner's plea challenging detention of her husband by the PAF authorities was dismissed by the SHC in 2002 as infructuous. PAF official had filed written comments before court stating petitioner's husband was arrested as he committed offence of seduction of PAF personnel from their duties.
INQUIRY ORDERED: Justice Amir Hani Muslim of High Court of Sindh High Court on Friday directed the TPO of Gulshan-i-Iqbal to hold an inquiry against one Shahid Haq and determine the role of police in registering an FIR of theft and restoring the possession of the second floor of a disputed property.
The bench was hearing a contempt of court application filed by Fazal Begum, 75, mother of a defendant who stated that respondent Shahid Haq, her son is causing harassment to her and other family members under the influence of liquor. She alleged that some police officials also accompany him in late night hours.
The bench took strong exception to the conduct of defendant and police officials. The court summoned the TPO of Gulshan-i-Iqbal, SHO of Bahadurabad Farooq Omer and SI Naseem Awan to appear before the court on Friday.
All the police officials attended the court on contempt notice. The TPO concerned also submitted relevant record and report of his initial investigations into allegations by the lady that a false FIR of theft was registered against her by the police.
The bench, perusing the report by the TPO in its order, directed the TPO to investigate the allegations in detail. The TPO shall consider the court record and also record statements in order to determine whether the defendant had abandoned the second floor in 2001 and thereafter in June 2004 had taken possession or trespassed in connivance with the police by breaking open the lock, the bench said in its order.
The TPO was also asked to visit or call the plaintiff whatsoever convenient to determine the question of possession. The court also asked the TPO that his report shall contain findings on criminal case. He was also asked to ensure that no harassment is caused to the plaintiff or her family members by defendant Shahid Haq or police.
The court also directed the investigating officer of theft case against plaintiff to appear before the TPO with all the material he has collected so far in relation to the theft case.
The bench also said in the order that in case of any complaint by the plaintiff lady, it should be dealt with according to law.
The bench, issuing contempt of court notices to Shahid Haq, SHO Gulshan-i-Iqbal, SI Naeem through TPO Gulshan-i-Iqbal Town directed the TPO to provide protection to the family of the applicant and to ensure that no further harassment is caused to the inmates located in Mohammad Ali Society.
The bench later put off further hearing till July 27.-PPI/APP
