KARACHI, Dec 24: The Sindh High Court on Wednesday admitted the two French journalists being tried for visa rules violation to bail in the sum of Rs100,000 each with a personal bond in the like amount.
The prosecution, represented by federal government standing counsel Mahmood Alam Rizvi, conceded that the offence the accused had been charged with was punishable with a maximum of three years’ imprisonment and were, therefore, bailable. A Federal Investigation Agency official was also present.
Appearing for reporter Marc Epstein and photographer Jean Paul Guilloteau of weekly L’Express, Advocates Nafees A. Siddiqui, assisted by Advocate F. Mohammed Afzaal, submitted before Justice Syed Zawwar Hussan Jaffery that the accused entered Pakistan legally and visited Lahore, Islamabad and Karachi under valid visas granted to them by the Pakistan embassy in Paris. They could not be charged under Section 14 (2) of the Foreigners’ Act with unlawful entry into the country. Section 14 (2) was the only provision in the Act that carried a penalty of 10 years’ jail and was, therefore, non-bailable.
The accused, Advocate Siddiqui argued, could only be held liable for non-compliance with the conditions set out in their visas. No other offence had been disclosed by the first information report or the subsequent chargesheet. They visited Quetta as professional journalists and the irregularity committed by them could be cured by post facto permission. In any case, the offences they were accused of were bailable under the Foreigners’ Act. No recovery was to be made from them and they were not required for further investigation. They would neither abscond nor tamper with evidence if released on bail.
Agreeing, Justice Jaffery allowed the bail petitions and asked the petitioners to furnish security in the trial court.
Meanwhile, a division bench of Sindh High Court, comprising Justice Mohammad Roshan Essani and Justice Zia Pervez, on Wednesday issued notice to deputy attorney general and FIA for Dec 30 on a petition filed by Sohail Mehdi Rizvi, challenging detention of his brother, Khawar Mehdi, since Dec 16.
BUILDER’S PLEA: A division bench of the Sindh High Court on Wednesday allowed a builder’s application for regularization of a commercial complex raised by him on a residential plot without the approval of the city government or the Karachi Building Control Authority.
Pardesi Builders moved the application in their pending suit against the KBCA for partial demolition of the 33 shops constructed by him on plot number 17, FT-3, Khaliquzzaman-Queens Road, Frere Town, in violation of the building rules. The plaintiff-applicant said he had paid Rs 8,756,250 as conversion charges but the KBCA is yet to issue a completion or no- objection certificate.
KBCA counsel Shahid Jamil Khan earlier submitted that the city government had expressed conflicting views on the structure known as Pardesi Pride. The NOC issued by it was withdrawn but subsequently reissued. The district coordination officer had asked the KBCA in his latest message not to issue a regularization certificate. The KBCA could not regularize the building in the absence of a firm and categoric approval by the city government.
The public interest, the KBCA counsel submitted, was against the approval of the violative structure. The unauthorized shopping complex was likely to create traffic problems in an already congested area. The customers coming to the complex on vehicles would also block access to the adjoining Institute of Chartered Accountants, he submitted.
The bench, which consisted of Justices Sabihuddin Ahmed and Amir Hani Muslim, allowed the interlocutory application pending adjudication of the suit.