KARACHI, June 24: The Sindh High Court ordered on Friday release of a Mithi PPP leader, Murad Ali Shah, from preventive detention under the MPO. A division bench observed after hearing the detainee’s counsel, Shahadat Awan, and Additional Advocate-General M. Ahmed Pirzada that the administration has failed to make out a cogent case for preventive detention. The material relied upon for issuance of an order under the MPO on June 4 was not sufficient to warrant confinement.
Advocate Awan earlier argued that the detainee was a 72-year-old politician who unsuccessfully contested the October 2002 election from a Tharparkar provincial assembly constituency on the PPP ticket. He had been described as a hardened criminal in the detention order and accused of creating hatred and disaffection against the government.
The allegations, the lawyer said, were too vague and general to sustain an order to deprive a citizen of his liberty. They could be levelled against any politician or political activist. He maintained that the real reason behind his confinement was political vendetta. About the 12 criminal cases registered against him, he cited a 1973 Supreme Court judgment in Abdul Hameed Jatoi case holding that the pendency of criminal cases was no ground for preventive detention.
AAG Pirzada said the detainee had a criminal history as borne out by the record. He should have made a representation to the home secretary before approaching the high court.
The bench, which consisted of Justices M. Mujibullah Siddiqui and Maqbool Baqar, ordered the detainee’s release if he was not wanted in a case.
Another division bench, comprising Justices Sarmad Jalal Osmany and Amir Hani Muslim, meanwhile, issued a notice to the advocate-general for June 27 in a petition challenging the detention of Haji Khan Bhatti, president of the PTCL Employees Union.
Advocate Mohammad Nehal Hashmi, who appeared for the detainee, argued that the only reason mentioned in the detention order of June 14 was that he would create a law and order situation on the occasion of the PTCL sale as threatened by him. The bidding had since been held peacefully and the ground was no longer available to the authoriities to keep him behind bars, he said.
BAIL GRANTED: The bench granted bail to three more directors of the Jason group of companies, including retired air vice-marshal M. Latif Tambra, Sultan Ahmed Sani and Ahmed Jabbar. Company chairman Mian Abdul Jabbar and his director wife were admitted to bail by the bench earlier on Wednesday.
The accused are being proceeded against by the National Accountability Bureau for allegedly defrauding a large number of people who booked apartments in their Jason Beachview Project. The bureau issued warrants for their arrest and they approached the high court for bail. Appearing for the petitioners, Advocates Mohammad Ashraff Kazi, Jan Mohammad Khuhro and Syed Sajid Munir submitted that the project could not be completed due to unavoidable circumstances. The Karachi Building Control Authority issued the builders notices against construction of a 15-storeyed complex as they could not raise more than three storeys under the byelaws. There was also an unauthorized tanker terminal, which could not be removed from the site. However, the counsel said, the company refunded Rs 30 million to 215 people who booked apartments in the project. A total of Rs 100 million were received from 880 people and efforts were being made to refund the balance. They bail was granted to all five accused in the sum of Rs 500,000 each.
Arambagh temple: The disputed ‘gurdwara’, ‘mandir’ or ‘darbar’ at Arambagh is to remain sealed till the parties get their title by a court of competent civil jurisdiction, Justice Azizullah M. Memon of the Sindh High Court ordered on Friday.
The ‘darbar’ is disputed by Sikhs and Hindus. It was temporarily sealed in 1993 by a magisterial order amid apprehension of breach of peace.
The high court first ordered its sealing till the conclusive settlement of dispute by a civil court of competent jurisdiction in 1998.
Meanwhile, a lower court ordered partial desealing after hearing the parties in one of the pending suits. Quashing the lower court order, Justice Memon affirmed the 1998 SHC order.