KARACHI, Nov 2: A Sindh High Court appellate bench dismissed on Friday a petition moved by Balochistan National Party chief Sardar Akhtar Mengal for quashment of a case of kidnapping of two army personnel and holding them hostage.

A former chief minister of Balochistan, the petitioner is being tried by an anti-terrorism court for kidnapping two army personnel on surveillance duty, taking them to his bungalow in Defence, Karachi, and torturing them with the help of four of his employees on April 5, 2006. All four employees have already been tried and sentenced to 45 years’ jail each by the anti-terrorism court. Mr Mengal was declared an absconder and is being tried after his arrest.

The petitioner said there was no kidnapping, hostage taking or torture involved and he had nothing to do with the incident. The two army men did not belong to any intelligence agency and were harassing him and members of his family every time they drove out of his residence. His employees only brought them to his residence and admonished them.

Opposing the petition, a state counsel said the case was already under trial in a court and the accused should prove his innocence before it. Four co-accused have been convicted and sentenced and no interference by the appellate bench, which would hear an appeal against his conviction, if any, was warranted at this stage.

Fokker inquiry

Justice Nadeem Azhar Siddiqui of the Sindh High Court again asked the defence ministry on Friday to furnish the report of an inquiry said to have been held into Fokker crash in Multan on July 10, 2006. The order was passed in a suit for damages instituted by the widow and three children of Dr Altaf Hussain, head of the psychiatry department, Bahawal Victoria Hospital, Bahawalpur, who died in the crash. Plaintiff Dr Naheed Fatima submitted through her counsel, Nasir Maqsood, that her husband died because of the negligence of the PIA, which was operating Fokker aircraft despite warnings, and the Civil Aviation Authority. An inquiry into the crash was said to have been conducted by the PIA and the CAA and the findings of the inquiry would support her contention. The court asked the defence ministry to produce a copy of the report on Nov 2.

Despite service of notice, Advocate Maqsood informed the court, no report has been filed by the respondent ministry. The court repeated its earlier order and asked the ministry’s additional secretary to appear and furnish a copy on November 27.

Premises transferred

Another division bench comprising Justices Mushir Alam and Mohammad Afzal Soomro directed the Pakistan Chowk union council to transfer peaceful vacant possession of a school premises to the owner of the Karimjee Building. The owner had earlier moved a petition for shifting of the municipal school from his building as it was meant for residential use. The court accepted his plea but after the vacation of the premises, the union council locked it up as it was being misused for commercial/industrial purposes. The owner again approached the court.