Sindh High Court. PHOTO: EXPRESS
Intizar, a youth, was shot dead on January 13 on Khayaban-e-Ittehad in Karachi's upscale DHA neighbourhood after officials and personnel of the Anti-Car Lifting Cell opened fire on his white Toyota Corolla, killing the victim on the spot.
During Thursday's proceedings, the defence lawyers termed the joint interrogation team (JIT) illegal. A counsel, Amir Mansoob, argued that as per the law, a JIT must have representatives from armed forces, however, the JIT comprised only police officers.
The SHC was informed that the JIT was formed during the tenure of AD Khowaja as the Sindh inspector-general of police. After Khowaja was transferred, officers in the JIT were also transferred, the court was informed.
The lawyer maintained that carrying out secret operations in plainclothes was part of the standard operating procedure of police and, hence, his client must not be incriminated for carrying out operation in plainclothes.
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However, the complainant's lawyer, Faisal Siddiqui, argued that the suspects were not innocent as they committed the murder of an innocent young man. The lawyer claimed that the officers did not even bother to shift Intizar to hospital and escaped after shooting him, which indicated that it was not a legal operation.
According to Siddiqui, the suspects were caught due to closed-circuit television footage. Had there been no footage, they would have denied their involvement in the case, the lawyer said.
The SHC was informed that it was not the case that only one or two shots were fired. As many as 18 bullet shells were recovered from the scene, Siddiqui said.
After listening to the arguments, the SHC denied bail to the suspects.
NICVD case
The SHC also issued on Thursday notices to the National Institute of Cardiovascular Diseases (NICVD) Executive Director Nadeem Qamar and Nadeem Hassan Rizvi on a contempt of court plea. The SHC summoned both the doctors in person on the next hearing on October 3.
The SHC remarked that both the doctors will be indicted for contempt of court on the next hearing. The court also issued orders to take back charge of NICVD administration from Abdul Latif Dar.
A division bench comprising Justice Irfan Saadat and Justice Adnan Karim heard the plea. A plaintiff's lawyer argued that despite the stay order, two doctors, Dr Malik Hamid and Dr Ghulam Murtaza Khuhro, were transferred and former security incharge Dar was given the administrative charge of NICVD.
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Dr Hamid and Dr Khuhro had challenged the appointment of Dr Qamar, maintaining that he had retired and his appointment as the executive director was illegal. It was argued that the transfer of both the doctors was an act of vengeance.
Missing persons case
Meanwhile, the SHC sought progress reports from an assistant attorney-general, police and other relevant authorities on the case of missing persons.
A two-member bench headed by Justice Naimatullah Phulpoto heard the case. Expressing concern over the non-recovery of missing persons, Justice Phulpoto remarked that the authorities should better tell whether the missing persons were alive or not so that the families could be relieved.
Same report is presented every time, the bench remarked. The SHC ordered the authorities to submit next time a report that showed progress in the case.
Relatives of the missing persons expressed their grief. The mother of a missing man, Naeem, informed the bench that her son was whisked away from Mirpur Bhatoro before Eidul Azha. Another woman alleged that her missing son had been arrested by police officer Shoaib alias Shooter.
Real estate income tax
In the meantime, the SHC issued notices to the federal and Sindh governments on a petition against levying of income tax on real estate.
A two-member bench heard the petition filed by a businessman, Ghulam Hussain Memon. The petitioner's lawyer, Barrister Zameer Ghumro, argued that the federal government had no right to impose income tax on real estate as it was the subject matter of provincial governments.
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The lawyer also cited a Supreme Court ruling, according to which imposing tax was the prerogative of provincial governments.
The high court was requested to annul the income tax on real estate imposed by the federal government. The SHC directed the federal and provincial governments to file their comments by September 27.
Sharjeel Memon's surety
A two-member SHC bench also directed the lawyer of Sharjeel Memon to come prepared on October 2 and present arguments on Memon's plea for return of his bail surety.
The court expressed dissatisfaction over the lawyer's arguments. A National Accountability Bureau prosecutor Muhammad Yasir informed the bench that a surety of Rs7 million deposited by Memon had been confiscated on court orders.
Memon has been accused of involvement in a Rs5.76 billion scam in government advertisements during his tenure as the Sindh information minister.
Conviction set aside
The SHC also set aside the conviction of a man who was sentenced to a 14-year jail term by an anti-terrorism court in a case pertaining to possession of explosives and attack on police.
The defence laywer argued that the trial court had erred in evaluating witnesses in the case. Finding the evidence against the convicted man, Rafiullah alias Arifullah, insufficient to establish his crime, the SHC acquitted him.
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