KARACHI, March 24: Justice Gulzar Ahmed of the Sindh High Court has held void the exemption from entertainment duty allowed to M/s Aladin Park in Gulshan-i-Iqbal by the municipal authorities.

The exemption was contained in an agreement signed by the municipal authorities in 1994. A judgment and decree passed in favour of the park owners was challenged by the provincial government. The city district government supported the provincial government stance.

Representing the provincial government, Additional Advocate-General M. Ahmed Pirzada said it was for the provincial government to impose and recover entertainment duty. The municipal authorities had no power under the law to levy the duty or grant exemption from it. The duty is levied under Section 3 of the Entertainment Duty Act, 1958, and is recovered by the provincial excise and taxation department. The provision also confers the power of exemption on the department.

On the other hand, the AAG said, the Sindh Local Government Ordinance enumerated 14 items on which the city district government may levy taxes. The entertainment duty did not fall within the ambit of the SLGO, he added.

Eshwar Lal case: The District and Sessions Judge, South, Mr Zaheer Ahmed Leghari, put off the hearing of the Eshwar Lal case as the public prosecutor did not turn up.

The judge fixed April 21 for the next hearing when he would hear arguments on the acquittal application of Nisar Ahmed Khuhro, Leader of the Opposition in the Sindh Assembly.

Mr Khuhro, along with four other PPP MPAs, Haji Munawwar Ali Abbasi, Mohammed Nawaz Chandio, Mohammed Saleem Hingoro and Murad Ali Shah, have been charged with attempt to kill the ruling party MPA, Mr Eshwar Lal.

All the five MPAs, who are on bail, were present in the court along with their counsel Mr Shahadat Awan. They were booked by the Preedy police under Sections 324, 506-B, 109 and 34 of the Pakistan Penal Code on June 26, 2006 on the complaint of Mr Eshwar Lal.