KARACHI, May 18: The Sindh High Court on Wednesday was informed that a petitioner who had sought restraint against the cutting of mangroves near Sandspit had been killed by the mafia involved in the illegal activity.
A division bench headed by Chief Justice Mushir Alam directed the superintendent of police concerned to file a report as to why proper action was not taken on the court’s order of April 21 against the mangroves cutting in the vicinity.
The bench put off the hearing to a date to be later fixed by the court’s office.
Petitioner Abdul Ghani, president of the Pakistan Fisherfolk Development Organisation, had sought restraint against the cutting of mangroves at Kakapir, a village near Sandspit.
He had impleaded Zulfiqar Younus, a former nazim of UC-4, Baba Bhit Island, his eight accomplices, home secretary, DIG West, town police officer of the area, Mauripur SHO and the board of revenue as respondents.
Abdul Ghani was found dead near the Sandspit beach on May 6. Pakistan Fisherfolk Forum leaders said their senior member had been ‘kidnapped’ before being killed.
Abandoned children case
A division bench headed by the chief justice put off the hearing of a constitutional petition seeking inclusion of guardian column in the computerised national identity (CNIC) for abandoned children.
The petition (978/2011) was filed by a woman who became guardian of an abandoned girl after formally adopting her.
The bench issued a notice to the federal law officer and directed its office to fix the matter after 10 days.
The court observed: “It is high time that some law regulating the system to bring such abandoned children who lost identity may fall within the ambit of law to be reckoned as respectable citizen and be extended rights provided under the constitution and may be provided respectable shelter under Sindh Children Act, 1955.”
Ayesha Jalil, represented by Advocate Naim Rehman, submitted in her petition that the National Database Registration Authority (Nadra) had not included any column to indicate guardian of abandoned child in forms and documents that Nadra maintained.
She stated this was an omission on the part of Nadra and contrary to Articles 4, 14, 25 of the Constitution.
The petitioner submitted that such an omission was detrimental to the reputation of such children in future. She added that it was also against the Guardian and Ward Act.
She prayed to the court to ensure that all forms and documents maintained by Nadra have option for guardian’s identity.
Advocate Dahiri murder case
The same bench appointed A.D. Khawaja, a senior police officer, to investigate the murder of Sindh Bar Council member Ali Mohammad Dahiri and asked him to file a report within 15 days.
The bench was seized with the hearing of a constitutional petition seeking arrest of the killers of the senior lawyer.
The Sindh High Court Bar Association had demanded that the SHC chief justice direct the government and law-enforcement agencies to apprehend the killers and ensure the maintenance of law and order.
The SHCBA made this demand in a resolution passed unanimously by the bar members at a general body meeting held on May 29 for condemning Mr Dahiri’s murder. The same day an assistant registrar sent the copy of the SHCBA resolution to the chief justice for his perusal.
While converting the resolution into a constitutional petition, the chief justice observed: “Concern expressed by the Sindh High Court Bar Association are serious and need immediate attention.”
On Wednesday, Shehzad Ali Dahiri, a relative of the slain lawyer, moved an application for becoming a party to the proceedings for just decision of the case. He was represented by Advocate Bhajandas Tejwani.
Advocate Tejwani and SHCBA counsel Haleem Siddiqui submitted in court that pressure was being put on the family to nominate innocent people in the case in order to shield some influential persons, who were involved in the murder.
The court recalled that DSP (Legal) Anwar Alam Subhani had stated on May 5 that the investigation was in the offing and a report would be filed within 10 days, but no report was filed.
Status quo ordered
A single bench of the SHC directed defendants — the Creek Marina Limited, its Singapore-based owner Shahzad Nasim, Defence Housing Authority and Habib Bank Limited — to maintain the status quo in respect of subject matter of the case.
Several suits were filed in the SHC against the owners of the project and others by the allottees who made full payment for their booked apartments, but no work took place at the site.
The plaintiffs contended that the money paid by them was being swindled out of the country by the overseas partners of Meinhard Limited instead of being spent on the project. They also produced documents showing that full refund was granted to some of the allottees.
Plaintiffs’ counsel Yawer Farooqui placed on record certain documents showing that Creek Marina had directed the HBL to transfer over US$8 million into the account of Creek Marina Singapore Limited.
The court had earlier restrained the defendants from shifting the money out of the country.