KARACHI, Dec 8: The Sindh High Court asked the National Construction Company on Monday to join the federal government as a defendant in its suit for arbitration over non-payment of its bills for amounts claimed to have been spent by it on the construction of a mausoleum for the late premier Zulfikar Ali Bhutto at Garhi Khuda Bux, Larkana.

The company stated in its plaint that it was awarded a contract for constructing the mausoleum in September 1994. The project was initiated by the federal government in 1990 at the behest of the then premier, Ms Benazir Bhutto. The (defunct) Karachi Development Authority was to execute it and the federal and provincial governments were to bear its cost in equal measure. The Sindh government released its share of Rs 50 million promptly.

The company could not, however, commence work due to non- availability of 90 per cent of the project site, which was occupied by the residents of Garhi Khuda Bux. The land was evacuated in November 1995 but the project cost went up in the meanwhile. Design change and technical complications also enhanced the cost.

The company maintained that “serious trouble” started in payment of its bills in September 1996 and in November 1996, the payment completely stopped.

Meanwhile, according to the plaintiff, 50 per cent of the work on the project was completed by it by December 1996. The KDA and the provincial government disowned the project subsequently. The company moved for arbitration in accordance with a stipulation in the construction agreement but failed to elicit a positive response from the KDA or the provincial government.

It requested the high court to declare the KDA to be the employer liable to pay the dues of the staff hired for the project, direct the defunct authority and the provincial government to refer the dispute to arbitration under the Arbitration Act, 1940, and agree to the appointment of a reputed engineer (Zafar H. Siddiqui) nominated by it as the sole arbitrator.

As the suit came up for hearing before Justice Amir Hani Muslim on Monday, Additional Advocate-General M. Ahmed Pirzada submitted on behalf of the provincial government that it had released its share of the funds. The project was initiated by the federal government, which was also responsible for its execution, but the plaintiff had failed to join it. The suit was liable to be dismissed for non-joinder of a necessary party, the AAG argued.

Justice Muslim asked the plaintiff to cite the federal government as a defendant and adjourned further hearing to a date in office.

CONTEMPT PLEA: Justice Mohammad Afzal Soomro of the Sindh High Court reprimanded the Central Prison superintendent and his deputy on Monday and adjourned the hearing of a contempt application against them to Dec 11.

The application, moved by Haji Mian Khan through Advocate Abul Inam, alleges that superintendent Ashraf Ali and deputy superintendent Amanullah Nizamani failed to release the applicant despite a court order. Mian Khan was accused in a case under section 489 (F) of the Pakistan Penal Code for dishonouring a cheque for Rs 5 million. He was granted bail by Justice Afzal Soomro in the sum of Rs 1 million. The security was furnished and the court issued a release order on Nov 17 but the jail authorities did not set him at liberty.

The hearing of the application was delayed on Monday because of the absence of the respondents. When it was finally taken up at noon, the superintendent and the deputy superintendent informed the court that they had to verify the authenticity of the court order, which was found to be genuine. However, a whole day was taken by the process. In the meanwhile, they received release orders in respect of some inmates from Quetta and they again got busy in verification from various courts.

The judge allowed Advocate Abul Inam to file a rejoinder, if so advised by his client, and adjourned further proceedings.

CHARGE-SHEET: Justice Shabbir Ahmed of Sindh High Court who is also administrative judge of the Anti-Terrorism Court on Monday accepted the charge-sheet against nine activists of the banned Khudam-ul-Islam, arrested on charges of collecting jehad funds, and referred their case to ATC-V Karachi for trial, adds PPI.

Police submitted charge-sheet against them. Accused, who are now in judicial custody, are charged with collecting Jihad fund outside mosques in Karachi and carrying out their party activities despite ban.

According to the police, Furrukh Nafees, Salman Khan, Noman Ali, Khalid Raza, Abdul Salam and Shakir were arrested in Gulshan-i-Iqbal when they were collecting donations in name of Jihad outside Sadiq-i-Akbar and Quba mosques in Gulshan-i-Iqbal. Iftekhar Ahmed, Mohammad Ashraf and Amir Raza were arrested outside the Aqsa mosque in Mehmoodabad area Karachi on Nov 23.

Police also claimed to have recovered cash, receipts and other material from their possession.