KARACHI, Oct 1: The Sindh High Court asked the police and rangers on Friday to vacate an amenity plot in North Karachi for development as a park by the city district government.

A writ petition moved by the residents of Sector 11-A of North Karachi, through Advocate Muzaffarul Haq, stated that the only plot earmarked for use as a park for them had been occupied by police and rangers for the last 11 years. A park could not be developed due to encroachments. No action had been taken by any authority to restore the plot to its lawful use.

A division bench, comprising Justices Sabihuddin Ahmed and Khilji Arif Hussain, directed the two agencies to vacate their un authorized possession. The city district government was asked to immediately start development of a park on the plot. A compliance report be submitted to the court within four months, it ordered.

Another division bench, comprising Justices Anwar Zaheer Jamali and Maqbool Baqar, asked the city district government to ban holding of a 'bachat' bazaars on the only playground available in Block 'A' of the Sindhi Muslim Housing Society.

The bench summoned a city government official, who allegedly issued a no-objection certificate to the organizers of the bazaar, to explain his conduct on Oct 12. Advocate Manzoor Ahmed, who appeared for the CDGK, submitted that no permission had been granted by the government or any of its officials to the organizers.

MISSING PERSONS: Efforts are being made to ascertain the whereabouts of two sons of a deceased MPA, the federal and provincial attorneys informed the Sindh High Court on Friday.

A division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Zawwar Hussain Jaffrey, had directed the law officers to find out whether Kashan and Zain, sons of the late Afzal Ahmed, had been arrested and were being detained by any federal or provincial law enforcement agency.

The petitioner, Ms Nuzhat Afzal, stated that her sons, both US passport-holders, were picked up by some people claiming to be the personnel of a law-enforcement agency from her Nazimabad residence on Aug 13.

No case had been registered against them at any police station of Karachi nor had they been produced before any magistrate or in any other court. The arrest and detention were patently unlawful, Advocate Iqbal Chaudhry submitted before the bench.

Deputy Attorney-General Nadeem Azhar Siddiqui informed the bench that he had contacted the federal interior ministry in pursuance of the court order. According to a letter received by him from a deputy secretary, the Intelligence Bureau had no knowledge of the arrest or detention. A response from the Inter- Services Intelligence was awaited.

AAG Sarwar Khan submitted that the police knew nothing about the arrest of the alleged detainees, nor had it kept them in confinement. However, the inspector- general had issued directions to the police force to make all possible efforts to trace their whereabouts.

Both the law officers said it would be more convenient and time saving if they were allowed to contact the law enforcement agencies directly and not through the interior ministry or the home department.

The bench observed that the matter involved the liberty of two citizens and the law officers were free to contact any agency directly. Further hearing was adjourned to Oct 8.

PLEA DISMISSED: The Sindh High Court dismissed the bail application of an accused booked by the FIA in a fraud case. Applicant Noman Aslam is accused of receiving Rs 2,154,000 from a trader by impersonating as a customs officer. The FIA registered a case against him, arrested him and sent him up for trial.

Moving his bail application, Advocate Sohail Hameed said his client had been implicated in a case. He also argued that the FIA was not empowered to register a first information report under the FIA Act or the Criminal Procedure Code. Initiation of criminal proceedings by registration of an FIR was exclusively a provincial subject.

Contesting the arguments advanced by Deputy Attorney-General Nadeem Azhar Siddiqui and federal government standing counsel Mehmood Alam Rizvi, he contended that the FIA had been conferred the powers of a police station only for purposes of inquiry and investigation but for registering FIRs.

A division bench, comprising Justices Wahid Bux Brohi and Rehmat Hussain Jaferi, dismissed the application by a short order for reasons to be recorded later.

ORDER RESERVED: A division bench of the Sindh High Court reserved order on a fresh application for grant of bail to a former divisional commissioner of Karachi, Ziaul Islam, in a corruption case being tried by an accountability court.

Appearing for the applicant, Advocate Khalid Anwer submitted that the accused and members of his family inherited their assets or acquired them with their hard-earned income. They could not be charged with living beyond their means or amassing wealth disproportionate to their known sources of income.

Referring to an earlier division bench order, he contended that the accountability court was given two months to complete the trial. The court had failed to conclude the proceedings as directed and the accused had become entitled to the concession of bail.

National Accountability Bureau deputy prosecutor general Shaukat H. Zubaidi and NAB counsel Amanullah Khan argued that the trial had been delayed by the accused himself and the prosecution could not be held responsible for any delay. Bail could not be granted through writ proceedings.

The accused misused his office to acquire properties in his and his family members' names. His release on bail would further delay the proceedings. A division bench, comprising Justices Sabihuddin Ahmed and Khilji Arif Hussain, reserved order on the application after hearing the two sides.