SHC unhappy with govt lawyers’ performance

NAB DG summoned in case against former Steel Mills' chairman

KARACHI: The Sindh High Court (SHC) has summoned National Accountability Bureau (NAB) director-general (DG) on December 5 to respond to a petition by former chairperson of Pakistan Steel Mills, Aftab Moin, challenging NAB's corruption reference file against him.

During the hearing of the case, the Chief Justice Ahmed Ali Shaikh expressed court's displeasure over the poor performance of the attorney-general's office as the counsels appearing for the federal government were not prepared for the cases and this prompted the court to adjourn hearing of several cases. Chief Justice Ahmed Ali Shaikh, in his remarks, said that if the situation continued, the court may summon Attorney-General Mansoor Ali Khan.

The court, however, summoned NAB DG after the federal government failed to file a response. The Federal Investigation Agency (FIA) had written a letter to the Cantonment Board to prevent the wife of Aftab Moin to sell his property in Rawalpindi. The assistant attorney-general said that he had not received the file of the case. Chief justice Ahmed Ali Shaikh, in his remarks, said that the counsels must come prepared in the court.



Gas prices

A divisional bench of the SHC, headed by Justice Muhammad Ali Mazhar, on Tuesday directed the lawyers to continue with their arguments on a petition challenging the increase in CNG prices.

The petitions against CNG price increase had been file by Sindh Petroleum CNG Association and others. Appearing for the plaintiffs, Advocate Ameen Bandooqda argued that the prices increased by Oil and Gas Regulatory Authority (OGRA) were illegal, adding that the common man will have to suffer due to this increase. He said that it was for the first time that petrol was cheaper than CNG and argued that petrol is imported while Sindh itself produces gas.



Referring to OGRA's notification regarding the hike in CNG prices as illegal, he drew the court's attention to the summary sent by the energy department additional secretary to the government. The losses of Sui Southern Gas Company (SSGC) and Sui Northern Gas Company (SNGC) were shown separately in the said summary but the government instead of deciding the prices as per the loss of each company, opted for unanimous prices. OGRA didn't anywhere write that prices should be increased unanimously. Advocate Bandoqada also argued that the federal cabinet itself didn't have authority to raise prices. The federal government only had the authority to give guidelines to regulate the prices. Federal government cannot dictate OGRA regarding hike in CNG prices.

Petitioners maintained that OGRA had requested an increase in SSGC prices by 17% and SSNG by 30% but the federal government increased the price by 40%. Increasing the prices of both the companies at same rate is against the law. There is difference between the losses of both the distribution companies. Besides, the OGRA is an independent entity regarding the decision of prices and the federal government's role is limited to give policy guidelines. Federal government doesn't have the authority to increase or decrease the prices decided by OGRA, said the petitioners. They asked the court to declare OGRA's notification null and void.

Sentence overturned

The SHC, on Tuesday, ordered the release of a convict after accepting his plea against death sentence awarded to him by an anti-terrorism court (ATC).

Muhammad Yusuf Burmi was arrested and tried on the charge of murder over some business dispute. A two-member bench, while announcing the verdict, observed that it did not find sufficient evidence against accused. After the verdict, the sentence awarded by trial court stands suspended.

Yusuf Burmi was awarded death sentence in 2016 after a special bench of ATC had convicted him of murdering Mukhtiar. Case against the convict was registered at Ibrahim Hyderi Police Station.

Self-immolation case 

The traffic deputy inspector-general submitted a reply in the SHC in case of rickshaw driver Khalid's suicide as a result of the bullying by traffic official. The case was heard by a two-member bench. The report said that in 2018, inter-departmental action has been taken against 2,497 police officers and personnel. Action was taken against 85 inspectors, 518 sub-inspectors, 410 additional sub-inspectors. The report further added that action was taken against 177 head constables and 1,307 police personnel. Action is also being taken against substandard cars including those with substandard CNG cylinders as well. Traffic police officials also presented the performance report of 2018 till present.

The report said that in 2018, 6,466 challans were issued against cars with fancy number plates; as many as 1,125 of these cars were confiscated. In 2018 up till now, challans against 5,319 unregistered cars have been issued and challans against 29,288 unlicensed cars were also issued. The court adjourned the hearing due to the lack of time.

The petition filed by Advocate Muzammil Mumtaz said that traffic officials took bribe from rickshaw driver Khalid on daily basis, which became the reason of his frustration and eventual suicide. Traffic police officials take bribes from heavy-loaded truck drivers on every route across the city. The petition said that the traffic police personnel were not performing their duty lawfully. The public transport running on CNG was in a depleted condition as heavy vehicles are used for the public. Traffic police personnel take bribes openly but there is no check by authorities. Traffic authorities should be made responsible to remove CNG cylinders from school vans and public transport vehicles. They should take action against their subordinates as a CNG cylinder explosion in a school van claimed the lives of many children. 

Published in The Express Tribune, November 28^th, 2018.