Sindh

Anti-Encroachment Act challenged in court

Sindh advocate-general put on notice.

Express February 23, 2011

KARACHI: The Anti-Encroachment Act and hence the Special Anti-Encroachment Courts have been challenged in court after a complaint turned into a constitutional petition. Two teachers and two students of the Jamia Islamia Ziaul Quran were detained at a police post of the Bin Qasim police station on December 25, 2010 and were then handed over to the Anti-Encroachment police station, Bin Qasim.

The accused were produced before Judicial Magistrate, District Malir, the next day and were remanded to judicial custody. Their case was not proceeding because the special courts were not constituted by then and the case could only be heard in those courts. The accused then moved the Sindh High Court complainant cell.

The matter was placed before Justice Amir Hani Muslim (now elevated to the Supreme Court) who observed, “How are the police exercising powers under the Anti-Encroachment Act without the required court being established?” Justice Muslim sought comments from the Capital City Police Officer (CCPO) and the law secretary and marked the case to SHC Chief Justice Mushir Alam. The chief justice ordered for the conversion of the complaint into a constitutional petition.

Passing orders on the petition, he had held, “Prima facie (a legal presumption which means on the face of it or at first sight) the Anti-Encroachment Act appears to be in violation of Articles 175, 202 and 203 of the Constitution.” The chief justice had also ordered for notices to be issued to the Sindh advocate-general and the Sindh High Court Bar Association (SHCBA) secretary and president for Tuesday and also summoned the complainants.

During Tuesday’s proceedings, after hearing arguments by the SHCBA secretary and Sindh Additional Advocate-General Sarwar Khan, the bench held that the Sindh advocate-general must appear in court as far as the vires and interpretation of a provincial law is concerned.

The bench adjourned the hearing for two weeks.

Published in The Express Tribune, February 23^rd, 2011.