KARACHI, Oct 21: The petition of ex-senator Asif Ali Zardari challenging the vires of the Ehtesab Act, 1997, read with Sections 33 and 35 of the NAB Ordinance, 1999, came up for hearing before a full bench of the Sindh High Court on Monday.
The bench comprised Justice S. Ahmed Sarwana, Justice Zahid Qurban Alavi and Justice Shabbir Ahmed.
Deputy Attorney-General Zaki Mohammad and Deputy Prosecutor General NAB Anwar Tariq raised a preliminary objection on the maintainability of the petition on the ground that the Ehtesab Act has since been repealed and if the petitioner is aggrieved by the provisions of Sections 33 and 35 of the NAB Ordinance, he should file a separate petition.
Replying to the preliminary objection, K. M. Nadeem, counsel for the petitioner, submitted that the references pending against his client were those which were prepared under the Ehtesab Act, 1997, and under the mischief of Sections 33 and 35 of the NAB Ordinance. This repealed Act has been rejuvenated which has taken up the cases of Ehtesab references.
After recording the submissions of the counsel, Nadeem, the full bench adjourned the hearing to Oct 28, directing that the full petition will be heard and disposed of at katcha peshi stage.
day-to-day hearing: The hearing of an appeal filed by appellants convicted in sectarian-related case was adjourned till Nov 4, by a special appellate bench of High Court of Sindh (SHC), comprising Justice Sarmad Jalal Osmany and Justice Ghulam Nabi Soomro, on Monday, adds APP
The adjournment came as the AAG Sindh is not available till first week of November. The bench also put off hearing of an application filed by Barrister Azizullah K. Shaikh till next date of hearing, seeking hearing of two other appeals of the accused by any other bench of SHC as one member of the bench has been entrusted to head a bench at Hyderabad for a year.
The counsel for accused Mansoor Ali Baber, Mohammad Gulzar and others maintained that at this pace, the hearing of appeals cannot be concluded soon and as such the hearing of appeals be entrusted to any other appellate bench for an early decision. Barrister Azizullah K. Shaikh said that laws in force provide that appeals in such cases be heard on day-to-day basis whereas the instant appeal is pending before the court since previous eight years.
The cases pertain to alleged killing of seven persons of a family on the night of March 1 and 2, 1995, in the jurisdiction of PS Ferozabad, Mehfil-i-Murtaza carnage case of Feb 25, 1995, in which 14 persons were gunned down by un-identified assailants in the jurisdiction of PS Ferozabad. The third case pertained to killing of six persons on Feb 25, 1995, at Imambargah Abul Fazal Al-Abbas (PIB Colony) in the jurisdiction of PS New Town.
The accused include Hafiz Ahmed Bux, Umar Hayat, Mohammed Fazil, Khawaja Saleemuddin, Faheemul-Haq, Ahmed Zahoor, Karimullah Sharif and Saghir Ahmad Shaikh.
The hearing of two cases against the chief, the deputy chief and other workers of Harkatul Mujahideen Al-Alami was adjourned.
The trial was being held inside Central Prison, Karachi.
CONTEMPT NOTICE: Justice S. A. Sarwana of High Court of Sindh (SHC) on Monday dismissed a harassment petition filed by one Rais Ahmed against SHO Orangi Extension PS, in charge of a police picket and neighbour of the petitioner.
The petitioner moved the court alleging that his neighbour Mohammad Nasim is busy in illegal/anti-social activities in Shah Faisal Colony of Orangi Town and when he challenged such activities, the area police started harassing him.
When the petition came up for hearing, Assistant Advocate General (AAG) Sindh, Suleman Habibullah, submitted a reply by the SHO and a statement by Naveed Shah, In charge of Pakistan Bazaar police post.
The AAG said the petitioner was wanted in case FIR 142/2002 registered on April 29, 2002, in which Nasim Ahmed is a complainant.
According to the FIR registered under section 454/457/380 P.P.C, the accused has stolen TV, VCR, gold ornaments, clothes and Rs47000 in cash from the house of the complainant.
The bench after perusing the FIR and statement of respondent In charge of police picket, dismissed the petition.
Another bench of SHC, comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery, issued contempt of court notice to Zonal Controller of KESC, Korangi Industrial Area for Oct 28.
The bench was hearing a contempt of court application moved by Ms Taj Begum, proprietor of Silco Tex, a leather garment manufacturing industry.
The applicant maintains that KESC has failed to restore power supply to her industrial unit despite an order by a bench of SHC.—APP