KARACHI, Oct 22: A division bench of the High Court of Sindh put off on Tuesday the hearing of an appeal, challenging the judgment of a single bench of the SHC which dismissed a suit filed by Nasir Hussain, Capt S. Ather Hussain (retd) and other proprietors of the Schon group of companies.

The bench comprised Justice Ghulam Rabbani and Justice Zawar Husain Jaffery.

Earlier when the appeal came up for hearing, Khawaja Naveed Ahmed, counsel for the petitioners, submitted that if the government returned Rs2 billion submitted by the Schon group, his clients were ready to surrender and face the cases against them.

Ziauddin Nasir, standing counsel, said the accused had been absconding and should surrender first. He then sought adjournment saying the case file was entrusted to him just a day before, and he needed time to go through the file.

Allowing the request, the court put off further hearing to Oct 29.

The appellants include Farrah Nasir Hussain, Syed Tahir Hussain, Anjum Tahir, Syed Amir Hussain, Farnaz Amir Hussain, Capt S. H. Ather (retd) and Jamila Ather.

The appellants maintained that the Schon group was targeted by senator Saifur Rahman-led Ehtesab Bureau during Nawaz Sharif’s government.

They maintained that under an agreement the Schon group surrendered all its assets and other valuables which were sold and RS625 million was secured by the government. The group also paid liability worth Rs386m to banks directly. As still there were cases against the Schon group, they filed a suit for specific performance.

A bench of the SHC had dismissed the suit against which the present appeal was filed.

Another bench of the SHC, consisting of Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery, allowing a constitutional petition, ordered release of an accused on the same surety which he had submitted earlier.

Police booked Rafique, alias Chacha, under various sections of PPC on a charge of killing MQM men in 1993.

The accused was granted bail by the SHC earlier on the ground of statutory delay. He was facing trial before a sessions court when he absented on 16-1- 2002. The trial court sent him to jail and initiated proceedings for cancellation of the bail.

The accused moved the SHC which called a report from the trial court. After perusing the said report and hearing an assistant advocate-general of Sindh, the court said since he had been behind the bars for nine months now, he be released on the same surety furnished by him earlier.

—APP