KARACHI, May 20: A Sindh High Court division bench issued notices on Friday in a petition seeking directions for plantation and protection of trees in the city. Citing the Sindh Environmental Protection Agency, the city district government, the local government department, the Gulshan Town nazim and others as respondents, petitioner-lawyer Mukhtar Ahmed alleged that roadside trees along the road linking the New Town police station and Stadium Road had been sold for Rs 10,000, turning the entire area into a concrete wasteland. Trees are being axed or not being properly looked after in other areas and few saplings are being planted to protect environment.
The Pakistan Railways were allowing garbage dumps and cesspools on the land adjoining the rail tracks, he said.
The petitioner said he contacted the EPA but the agency said it was primarily concerned with industrial pollution and advized him to bring the matter to the city government’s notice. The CDGK asked him to talk to its horticulture department, which said that it looked after trees grown within parks and had nothing to do with roadside trees.
Appreciating the petitioner’s concern, a division bench, comprising Justices Ataur Rahman and S. Ali Aslam Jafri, ordered that notices be issued to all the respondents. It observed that the matter raised was of great public importance.
RECOVERY STAYED: Another division bench, consisting of Justices Anwar Zaheer Jamali and Syed Zawwar Hussain Jaffery, restrained the city district government from recovering Rs 1 million as outdoor publicity tax from a petitioner courier service subject to its depositing the amount with the court.
The courier company stated that that the CDGK was treating its trade mark and name printed on its vehicles and outlets and offices as ‘outdoor advertizing’ and demanding tax on it. It said the demand was unlawful as the trade mark was meant only for identification, indication guidance for the convenience of its customers.
Staying the recovery, the bench issued the CDGK a notice.
COUNCILLORS PLEA: Notices were issued to the local government department and the city district government in a petition moved by Advocate Raana Khan, Shazia Bukhari. Mehfoozun Nabi and three other members of city district council for payment of honorarium arrears for 26 months from August 2001 to October 2003 at the rate of Rs 7,000 per month.
The petitioners said they were entitled to honorarium and daily and travelling allowances under the Sindh Local Government Ordinance, 2001. They were elected to the CDGK Council in August 2001 but were paid honorarium from October 2003. The bench comprised Justices Ataur Rahman and S. Ali Aslam Jafri.
ENCROACHMENTS: A CDGK official, meanwhile, informed the bench that all encroachments from Akbar Road, Saddar Town, had been removed. The encroachments were mostly made by motorcycle dealers.
Bringing the statement on record, the bench directed the municipal and police authorities to remove any encroachment on the road in the future immediately as it appears without waiting for fresh orders.
ADVANCE FEE: The Beaconhouse School System petition against the provincial education department notification barring private schools from advance fee was, meanwhile, adjourned at the request of Additional Advocate-General M. Ahmed Pirzada to enable him to submit para-wise comments.
Another division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Maqbool Baqar, has set aside the notification as being violative of the Sindh Private Educational Institutions (Regulation and Control) Ordinance, 2001, on a petition moved by City School.
MPA’S APPEAL: NWFP MPA Imran Malik’s appeal against Justice Mushir Alam’s order in his petition against the cancellation of his commerce degree by the University of Karachi was adjourned to May 24. The appellate bench asked Additional Advocate-General Abbas Ali and university counsel Nadeem Azhar to produce the entire academic record on the basis of which the petition was dismissed.
Declining a stay order in favour of the appellant, the bench also asked the principal of the Government Commerce College, which the MPA attended for his B. Com. degree, to submit the record.
NOTICE TO NAZIM: The city nazim and CDGK officials were issued notices for May 26 in a contempt application moved by Plaintiff Sajjad Haider of Vision Publicity. The plaintiff alleged that the defendants auctioned outdoor publicity sites in violation of a court order. The sites had been allotted for three years despite pending litigation, he said.
CDGK RESTRAINED: The city district government was restrained from demolishing a bungalow on plot number 126-A in Malir on the road linking Kala Board and Saudabad.
Petitioner Ghazala Iqbal submitted through Advocate Syed Jamil Ahmed that the CDGK planned to construct a 100-feet road between Kala Board and Saudabad, though the plan provided only for an 80-feet road. The width of the road was not uniform and at some places it was less than 100 feet. The CDGK was not prepared to hear the petitioner. The width was restricted to 80 feet but the CDGK was not prepared to adhere to its own plan and was out to demolish the petitioner’s bungalow.
STATEMENT ON OATH: The Sindh High Court asked a police official on Friday to file a statement on oath in respect of a petitioner woman’s allegations against him.
Ms Zubaida submitted that she was married to Abdul Rashid at their village in Ahmedpur East, Bahawalpur, about three ago. Her husband brought her to Karachi, though he had no ostensible means of livelihood. She had to work as a housemaid to eke out a living till her husband turned her out. She returned to their village and moved a suit for dissolution of marriage.
Her husband, meanwhile, got a case registered against her and three others under the Zina Ordinance. SI Abdul Hameed Arbab of the Korangi police station was sent to bring her back to Karachi.
She was handed to the SI by DG Khan Darul Aman on March 19 for ‘investigations’ in Karachi. The SI kept her in confinement at various places for 10 days and brought her to Karachi Darul Aman on March 29. She was coerced into putting her thumb impressions on blank papers.
A division bench, comprising Jusdtices Sarmad Jalal Osmany and Azizullah M. Memon, ordered the SI to file an affidavit stating ‘each and every fact’.
ORDER TO ATC: The High Court of Sindh on Friday directing anti-terrorism court to expedite proceeding of trial against Mushtaq Ali Jatoi, an alleged kidnapper, ordered that charges be framed against the accused within one week, adds PPI.
SHC’s division bench comprising Justice Sarmad Jalal Osmany and Justice Azizuallah M. Memon, dealing criminal revision application of the accused filed against rejection of his release plea by ATC, also ordered that the statement of abductee Dr Abdul Ghafoor Bhutto should be recorded after indictment of the accused and the same be sent to court soon as recorded by the trial court.
The ATC had rejected the application on May 10 which was filed under Section 494 CrPC by prosecution seeking withdrawal of case against the accused as per direction of Sindh government.
Earlier, the same court turned down the police report filed under Section 169 CrPC seeking release of the accused.
Mushtaq Jatoi was arrested on charges of kidnapping Dr Abdul Ghafoor Bhutto, director of a marketing company, for ransom from Sharea Faisal on Sept 17, 2004. He is accused of receiving Rs2.9 million as ransom from the abductee, who was later released on Dec 18, 2004.
The court has fixed June 3 for the next hearing.