KARACHI, Oct 22: The Sindh High Court on Monday allowed a petition pertaining to custody of wards to the extent that impugned judgement was set aside and the appeal was remanded back to the first appellate court (ADJ court).
Justice Sabihuddin Ahmed observed that since it was an old case, the appellate court should decide the matter within six months.
While deciding the matter, Justice Ahmed took exception to the stance of the AAG, Sindh, who had opposed the petition, and cautioned him not to disregard judgments of the Supreme Court.
AAG Suleman Habibullah had questioned maintainability of the constitutional petition filed by one Syed Hasan Zia Rizvi impugning an order passed by former ADJ Qazi Allah Bux.
Justice Sabihuddin Ahmed then asked that whether the learned the AAG is mindful of a case law in which a judgement was delivered against Utility Stores Corporation and said that judicial and quasi judicial actions are covered under this article.
Earlier, Syed Iqbal Haider, appearing for the petitioner referred to orders by different courts of law and said that respondent Farhat Hasan has frustrated the writ of law and despite notices she never attended the proceedings nor allowed petitioner who is father of three children to visit or meet his children. He said the trial court/family court judge ordered that the custody of the children be handed over to the father but ADJ Qazi Allah Buksh in 1998 suspended the order and also the family court judge.
The petitioner then moved a constitutional petition which was decided on Tuesday. AAG Suleman Habibullah opposed the petition and said under no law appellate court can be given a specific direction as prayed by the counsel for petitioner (presence of respondent Farhat and her three children at hearing of appeal)
Counsel for the petitioner, Syed Iqbal Haider submitted that when a wife deserts her husband, she looses the right of custody automatically but without going into the merits of the case, the right of father to visit his children can never be taken away, submitted Syed Iqbal Haider, counsel for petitioner.
The bench, after hearing both the sides, allowed the petition to the extent that the impugned judgement was set aside and the appeal was remanded back to the first appellate court (ADJ court).
BAIL: Another bench of SHC comprising Justice Ghulam Nabi Soomro dismissed a bail application as withdrawn.
Mehmood Alam Rizvi advocate, counsel for applicant Junaid Iqbal informed the bench that the trial court had framed charge and he would be satisfied if the trial court is directed to proceed with the case as expeditiously as possible.
The applicant is facing trial in a dacoity case registered by Saddar Police.
The same bench granted bail to an applicant Sohail Yaqoob against a surety of Rs100,000 and personal bond in the like amount.
The applicant was booked by New Karachi police in an armed dacoity case.