KARACHI, Nov 26: A division bench of the Sindh High Court issued on Friday show cause notices to the New Karachi Town nazim and nine municipal officials for allegedly carrying out demolitions in violation of court orders.
Advocate Mohammad Ali Abbasi submitted that the bench had granted a stay order in favour of the petitioner residents of Goth Anwar Shah. Nazim Shafiqur Rehman Usmani, however, ordered demolition while the stay order was in force.
Assisted by the town police officer and SHO of the area (Sir Syed PS), Director Iqbal Qureshi of the city district government's KDA wing and other officials carried out the demolition operation during the pendency of the order.
Contesting the contempt plea, Advocate Manzoor Ahmed categorically denied the allegation. No unauthorized structure was demolished after the stay order was passed. As for the demolition machinery lying at the site, he said it had been transported to undertake demolition of encroachments before the filing of the petition. The locality was not covered by the Gothabad scheme, he said.
The bench, comprising Justices Sarmad Jalal Osmany and Amir Hani Muslim, issued the respondents notices to show cause on Dec 3 why they should not be proceeded against for contempt of court.
BAIL GRANTED: Justices Mohammad Moosa K. Laghari of the Sindh High Court admitted on Friday two murder accused to bail in the sum of Rs 200,000 each. Rano Khan and Sultan are accused of killing Imdad Hussain during a dacoity bid at Tangwani, Jacobabad.
According to the prosecution, they tried to snatch a motorcycle from their victim and shot him point-blank when he resisted. Three companions of the victim escaped unscathed. The accused are being tried by a sessions court, which rejected their bail plea.
The under-trial prisoners approached the high court for the concession through Advocates M. Ashraff Kazi and Jan Muhammad Khuhro. The counsel argued that there were glaring contradictions in the testimony of eye-witnesses.
They changed their allegations at the various stages of investigation. For instance, they initially alleged that the accused fired kalashnikov bursts at Imdad Hussain but later stated that the fatal shots were fired from a TT pistol.
The state counsel admitted that there were obvious discrepancies in the prosecution case and the statements of eye-witnesses. Granting bail, the court observed that it was patently a case of further inquiry requiring proper investigation to pin down the accused.
In another case, Justice Laghari ordered the production of convict Ataullah, who has moved a mercy application. The applicant was sentenced to seven years rigorous imprisonment by a Malir sessions court for dacoity in Quaidabad.
HEARING PUT OFF: A division bench of High Court of Sindh, comprising Chief Justice Saiyed Saeed Ashhad and Justice Maqbool Baqer, on Friday put off hearing of two separate constitutional petitions challenging alleged illegal detentions on the request of state, adds APP.
The first petition was filed by Raza Khan, challenging detention order of his father Mohammad Khan under MPO for 30 days (from Nov 13 to Dec 12). The impugned order was passed by the Sindh home secretary on the ground that the detainee is grabbing and selling land around Northern By-pass causing huge loss to the government. The government apprehended law and order problem due to activities of the alleged detainee.
The petitioner maintains that his family has an old enmity with police, and some of the police officers are facing a kidnapping for ransom case before an Anti Terrorism Court on charge of kidnapping his brother Gul Farooq. TPO Mochko was doing all at the instigation of his colleagues from Sahcal Police, petitioner alleged.
During arguments on Friday, AAG Sindh sought time to file comments in the petition at which the bench put off hearing till Dec 3. The same bench also put off hearing of a constitutional petition filed by Ghulam Sarwar Barohi of Tando Adam till Dec 10 who challenged the alleged illegal detention of his two sons, two brothers and two cousins.
The petitioner maintains that a joint police party raided their ancestral home and took away the six men besides looting a rifle, gold ornaments and other valuables besides eight goats.
He maintained that some other persons of their clan are wanted by the police in connection with alleged criminal activities, and he apprehended loss of life of the detainees. When the matter came up for hearing on Friday, the state counsel sought time at which the bench put off hearing till Dec 10.