Sindh

Official duty cannot be performed from jail, says top court

Says every document coming out of jail bears the signature and stamp of jail superintendent

Our Correspondent September 01, 2016

PHOTO: FILE

ISLAMABAD: Talking with reference to the incarcerated Karachi Mayor Waseem Akhtar, the top court has observed that official functions cannot be performed from jail.

The Supreme Court’s judge Justice Dost Muhammad passed these remarks on Wednesday while heading a two-judge bench, hearing a petition to bar Waseem Akhtar from taking oath as mayor Karachi.

Explainer: How Waseem Akhtar will run Karachi from inside a jail

Muttahida Qaumi Movement (MQM) leader Waseem Akhtar, who is facing many cases including one related to his alleged involvement in the May 12, 2007 carnage, took oath as Karachi mayor on Tuesday as his party announced he would carry on his official duties from jail.

“Every document that comes out of the jail bears the signature and stamp of jail superintendent,” the judge said, adding that a mayor also has to take very important decisions regarding various departments like the Karachi Development Authority, Water Board as well as do a lot of planning.

Earlier, the petitioner’s counsel contended that Waseem Akhtar was nominated in many criminal cases and according to law a criminal could not hold the post of a mayor. He said Waseem Akhtar would be a risk to the people of Karachi.

However, Justice Dost Muhammad observed that as Akhtar had already taken oath, the petition had become infractuous. The petitioner, however, requested the bench to permit him to modify his application.

Jail break: Waseem Akhtar takes oath as Karachi mayor

After hearing the arguments, the bench permitted the petitioner to amend the application and adjourned the case for an indefinite period. The Sindh High Court had rejected last week the Pakistan Tehreek-e-Insaf leader Faisal Vawda’s petition to bar Akhtar from taking oath.

Legal experts believe the bail of Waseem Akhtar in the present circumstance is not possible. However, they say, his house could be declared a sub-jail from where he could operate, according to the jail manual.

Published in The Express Tribune, September 1^st, 2016.

COMMENTS (13)

syed & syed | 8 years ago | Reply @Pakistan:The Mayor of Karachi can be be allowed to use Jail Superintendent Office or he can be shifted in a room in KMC as sub jail having rangers guarding the room or Rao Anwar SP Malir office be declared as sub jail. If the programe is to crush MQM then it is a different story.

Pakistan | 8 years ago | Reply "Official duty cannot be performed from jail, says top court" Then don't.

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syed & syed | 8 years ago | Reply Prima facea the cases made against Waseem and others are all political rivalry. Political case maker the SP Malir is the prime suspect of killing and a master mind to register FIRS. Why the court takes years to keep the case in cold storage and opens wardrobe when your masters so desire . Show efficiency and settle cases in maximum one month. If you cannot handle judiciary you should pack and do some other job or a private practice as a lawyer. Do not allow to play the game of Nawaz of 1992 and Gen Baber against MQM

Salim Khan | 8 years ago | Reply The authorities must make his house as 'Sub-jail' like we did in the case of Gen Musharraf till recently. It will solve both problems - 1) His mandate from the Karachi Voters must be honoured 2) He needs to be in jail till he gets the bail. These 2 conflicts can be solved with the declaration of his house in Karachi as the Sub-jail.

Kala_bacha | 8 years ago | Reply So people can operate from Dubai, Jeddah , London but people can operate locally. Judge should read the history of Pakistan with old cases of current elite politicians. Almost all has cases even the current PM has treason and hijacking case.

Pakistan | 8 years ago | Reply So much the better. History sheeters have no right to be Mayore of any city.

Syed Masood | 8 years ago | Reply Atleast he would work harder and perform his tasks without any delays. This is a tough time but Party could come back with great zeal if they would have completely own their ruling rights.

Shuaib | 8 years ago | Reply @IBN E ASHFAQUE: The law is the same for everyone. No convict can run mayoral duties. If Karachi votes for him,then so be it, but rest assured you shall have a mayor who cannot perform his duties for his tenure. Which is fibe by me.

Karachi | 8 years ago | Reply If the people of karachi are dumb enough to allow that, then what's the point of court.

Aly Khan | 8 years ago | Reply But on the plus side, if he runs his office from his cell, atleast he will be in office at all times! He will have no choice but to do work all day long. No more wasting time on protocols and visits. Just work work and work! lol

NKAli | 8 years ago | Reply This has become a fashion in Pakistan to govern the affairs of Pakistan, Sindh and Karachi from other countries (UK, Saudia, UAE) and from a jail cell. These fashionistas think it's patriotic? Haaah! It is defiance of natural and moral laws. When will the Supreme and High Court take purgative action? Salams

IBN E ASHFAQUE | 8 years ago | Reply @Junaid: What morality you are referring to? MQM has the vote bank of Karachi but the establishment cannot digest it as they did not digest the rights of former East Pakistan. The establishment behaves as it owns Pakistan. May Allah protect Pakistan.

Junaid | 8 years ago | Reply A city mayor in jail, ridiculous isn't it. Person bearing criminal charges and sentences do not hold any moral ground to run the office....!!!!

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