HYDERABAD: The Hyderabad circuit bench of the Sindh High Court has issued notices on a contempt of court application to the cantonment executive officer (CEO) of the Cantonment Board Hyderabad (CBH), commissioner of Hyderabad, Sindh home secretary, senior superintendent of police and SHO of the Cantonment police station.

A division bench comprising Justices Mohammad Shafi Siddiqui and Abdul Maalik Gaddi issued the notices on Tuesday and fixed hearing of the case on Nov 11.

The application was filed by Advocate Ghulam Faiz Sajid Arbab questioning recovery of parking fee by CBH. Since the issue has already been adjudicated upon by the SHC in a petition, the bench treated it as a contempt of court application.

The petitioner represented by Advocate Sajjad Ahmed Chandio said in the petition that he had witnessed in Saddar, Qasim Chowk and Qasim Park etc contractors, employees and gangs of criminals working in the name of the respondent CEO and forcibly and illegally charging parking fees from people.

He likened the mode of fee recovery with ‘extortion’ and said no sooner did parked his car, motorbike and other vehicle he was surrounded by criminals, who extorted money from him in the name of parking fee.

He said that CEO, in collusion with other authorities, had been carrying on with this illegal business since 2001 when it was challenged by a citizen Raj Kumar before the Hyderabad circuit bench of the SHC.

The court disposed of it on Nov 8, 2005 with directives that the practice to charge fee was illegal.

He said that CBH challenged the order in the Supreme Court after two years in 2007 and during that period it continued to charge parking fee and even advertised bids. The CBH appeal was dismissed on May 20, 2015, and the decision was reported in the Supreme Court Monthly Review.

He stated that CBH was willfully violating courts’ orders by forcibly charging fee which amounted to contempt of court. Being a lawyer he informed the respondents through application, pointing out the illegal practice but in vain, he said.

He said that respondents – SSP, commissioner, home secretary and SHO – were not performing their duties in spite of the fact that the matter involved public interest and they did not take any notice of such illegal act.

He requested the court to declare that the practice of charging fee for parking in different areas was illegal and in violation of SHC order, and said the respondents should be directed to take action as per law.

He requested the court to initiate contempt of court proceedings against the respondents including CEO of CBH and others for willful disobedience of courts’ orders.

Published in Dawn, October 22nd, 2015

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