KARACHI, Jan 3: Public functionaries are always required to act reasonably and fairly, observed a division bench of the High Court of Sindh, comprising Justice Sabihuddin Ahmed and Justice Amir Hani Muslim, on Friday.

The bench was hearing a constitutional petition filed by Akhlaq Jehan, mother of Afaq Ahmed, chairman of the Mohajir Qaumi Movement, against the alleged harassment of her other sons and family members living in her house.

When the petition came up for hearing, Sajjad Ali Shah, Standing Counsel, drew the attention of the court to an order passed on Thursday by another division bench of the SHC directing the authorities to act strictly according to the law. He also pointed out that non-bailable warrants had been issued by an ADJ Malir in a criminal case against Afaq Ahmed, Aamir Khan and other leaders and workers of the

MQM (H).

Sohail Hameed, advocate, counsel for the petitioner, submitted that the order passed by a division bench on Thursday was in another matter filed by wives of Aamir, Afaq and another party leader. He submitted that police were raiding the petitioner’s house causing harassment to the petitioner and her family.

After hearing both the sides, the bench said it agreed with the order passed by another bench on Thursday, but “it must be clarified that public functionaries are always required to act reasonably and fairly according to laws.”

The same bench, hearing another petition challenging the detention of Gulzar Ahmed, inspector in the city government, who was held under the MPO, admitted the petition for regular hearing and fixed it for Jan 6 at 9:30am.

The bench referred to a Supreme Court judgment and said the apex court had held that “detention without any reason is presumed to be illegal and the onus rests with the detaining authority to justify the detention order.”

The bench also referred to case laws in which the SHC had ordered payment of compensation to the victims on per day basis if detention proved to be illegal/ without justification.—APP