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KARACHI, Oct 4: A division bench of the High Court of Sindh ordered on Friday production of Robin Piran Dutta, the only man who escaped unhurt in the shooting attack on the office of Idara Aman-o-Insaf on Sept 25. Seven Christians were shot dead in the attack.
The bench, comprising Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jafri, was hearing a constitutional petition filed by Noor Naz Agha, advocate, general secretary of the Pak-American Solidarity Society, seeking production of Robin in court and his release from the custody of the Criminal Investigation Department.
The petitioner maintained that since the day of the incident Robin was in police custody. He was neither made an accused nor released after interrogation. He had not been produced in any court of law as a witness either, maintained the petitioner. She alleged the detainee’s wife, Elizabeth Robin, and other family members were not allowed to meet Robin.
Making the Home Secretary Sindh, IG Sindh and SSP CID respondents in the petition, the petitioner sought release of Robin from alleged illegal and un- lawful custody.
After hearing the petitioner, the court ordered production of Robin in the court on Oct 8.
Another bench of the SHC, comprising Justice Sarmad Jalal Osmany, reserved orders on a bail plea filed by two accused in a double-murder case.
Abdullah Hamid Mehmood and Subhan Hamid Khan, accused of killing Nawaz and Kashan, moved the court through their counsel Khawaja Naveed Ahmed, advocate.
Khawaja Naveed, arguing the bail plea, submitted that the incident occurred inside the rented residence of the applicants/accused. He said the applicants fired in self-defence when attacked by the lady owner of the house accompanied by a dozen accomplices.
He said there was a tenancy dispute between the parties and the alleged incident occurred when the property-owner attempted to forcibly eject the applicants from the rented premises.
The counsel for the landlady opposed the bail plea. The state was represented by Habibur Rasheed, advocate.
The court reserved its orders till Monday.
POLL PETITIONS: A full bench of the High Court of Sindh issued notice on Friday to the state for Saturday on two constitutional petitions challenging acceptance/rejection of nomination papers. The bench reserved order on one petition.
The bench consisted of Justice Ghulam Rabbani, Justice Anwar Zaheer Jamali and Justice Musheer Alam.
The petitions were filed by Mohammed Kamal Khan, Mohammed Asghar Ali and Syed Javed Husain Shah.
Mr Husain’s petition was being reheard after it was remanded back to the SHC by the Supreme Court.
Earlier, on Oct 2, a bench of the Supreme Court, comprising Chief Justice Shaikh Riaz Ahmed, Justice Mian Mohammed Ajmal and Justice Mohammed Nawaz Abbasi, held that “judges of the SHC had hurriedly dismissed the petitioner’s (Javed Husain’s) application for non-prosecution and the application seeking restoration thereof appears to have been filed the same day within hours by the petitioner, but the High Court has declined to restore it.
“In our view interest of justice requires that the case should be decided on merits, therefore we set aside the order of the High Court, remand the case to the Sindh High Court for fresh decision on merits.”
HEARING PUT OFF: A division bench of the High Court of Sindh put off on Friday the hearing of a constitutional petition against the Pakistan Television Corporation to Oct 8.
The bench comprised Justice Ghulam Rabbani and Justice Musheer Alam.
When the petition filed by Fatehyab Ali Khan, the president of the Pakistan Mazdoor Kissan Party, came up for hearing, a deputy attorney-general, appearing for the Federation, said copy of the petition had been received by his office only yesterday.
He sought adjournment for going through the file. Acceding to the request, the court adjourned further hearing to Oct 8.
The petitioner moved the court maintaining that his party was being discriminated against and was not invited to a daily programme, Election Hour, that would be telecast till Oct 8. The petitioner claimed that his party had a considerable influence in three out of the four provinces of Pakistan was completely ignored by PTV.
Another bench of the SHC, consisting of Justice S. A. Sarwana and Justice Mohammed Mujeebullah Siddiqui, issued notices to the secretary excise and taxation Sindh and the ETO Sukkur for Oct 9 while hearing a petition filed by two wineshop owners: one at Sukkur and the other at Jacobabad.
The petitioner challenged the collection of 10 per cent surcharge on sale of wine. — APP
