PHOTO: REUTERS
A two-judge bench, headed by Justice Naimatullah Phulpoto, directed them to file their replies by January 16.
K-E CEO Tayyab Tareen had approached the SHC in September this year against the registration of an FIR on the orders of a district court against the power utility’s management and CEO over the death of an eight-year-old boy, Azaan, via electrocution in the city’s Model Colony area.
The district court had directed the Model Colony SHO to register an FIR against the K-E management and CEO for their negligence as the child had allegedly died of electrocution during the monsoon rains in Karachi.
The boy’s family members had alleged that the power utility had failed to take precautionary measures to protect citizens from electrocution during the rains.
In the plea, Tareen had pleaded to the court to declare that a case could not be ordered to be registered against the company’s CEO, even in case any negligence was demonstrated on the part of the staff. Subsequently, he had also requested the court to remove his name from the FIR.
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Sessions court’s order
Shafiquddin Siddiqui, a local JI leader, through his lawyer moved an application under Section 22-A of the Code of Criminal Procedure, arguing that his nephew had died from electrocution outside his house in Model Colony on August 23 this year.
The applicant had maintained that they had lodged complaints with the power utility to fix a fault in an electric pole before the incident but no action was taken on those complaints. The alleged negligence on part of K-E took the life of the applicant’s nephew, the lawyer had argued, adding that Siddiqui had approached the Model Colony police station to lodge a case against the officials of the power utility, but the police refused.
In his application, Siddiqui had named Tareen and other senior officials as respondents and sought a direction for the SHO concerned to order the registration of an FIR against them.
After hearing arguments from both the sides, East District and Sessions Judge Abdullah Channa had directed the Model Colony SHO to record the statement of the applicant under Section 154 of the CrPC and, if a cognisable offence was made out, register an FIR accordingly and submit a compliance report.
Order temporarily suspended
During the course of the proceedings, a K-E lawyer had contended that the FIR could not be registered against the CEO of the power utility. However, he had assured the court that action would be taken against any other officer found guilty of negligence.
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The power utility’s lawyer had pleaded to the court to set aside the sessions court’s order of registering registration of an FIR against the K-E management and its CEO.
On September 22, the high court had suspended the lower court’s order. In the meantime, it had also ordered the Model Colony police SHO and other respondents to file comments on the matter.
Complainant’s replies
During Monday’s proceedings, the judges found out that comments had not been filed on behalf of the complainant, Taufeequddin, or the lawyer representing the JI Karachi chapter in this case.
Therefore, allowing request for time to enable the complainant and JI lawyer to file their comments/reply, the judges directed them to do the same by January 16.
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