Hindering justice: SHC takes exception to absence of lawyers in high-profile cases

Senior counsels don't show up after getting bail for their clients, <br /> says court

KARACHI: The Sindh High Court (SHC) on Monday expressed its annoyance over the non-appearance of the defence lawyer in a corruption case against former Sindh Inspector-General of Police (IGP) Ghulam Hyder Jamali.

Heading a two-member bench, Justice Iqbal Kalhoro remarked that most of the senior lawyers don't bother to show up after they secured bails for their clients. This leaves the accused, though involved in serious cases of corruption, to relax and enjoy life. Justice Kalhoro said that if lawyers didn't appear, then the accused themselves should argue their cases. "We want all the dimensions of justice to be fulfilled," he said.

The bench was hearing a corruption reference of illegal appointments against the former IG and directed his lawyer, Farooq Naek, to appear before the court on the next hearing on January 16 with preparation. The court is currently hearing two references against the former IG and others. Jamali had already secured bail from court.

Shahzeb murder case

Another bench of SHC on Monday directed the defence lawyer to continue his arguments on December 24 in the case regarding the appeals against sentences of the convicts in Shahzeb Khan's murder.

A two member bench, headed by Justice Muhammad Ali Mazhar, heard the appeals in which Farooq Naek argued that his client, Shahrukh Jatoi, was less than 18 years of age at the time of the offence but he wasn't tried under the juvenile system. According to law, a separate trial of the juvenile suspect should have been held but Jatoi's case was sent to an Anti-Terrorism Court (ATC), Naek argued. The bench inquired why the birth certificate of the accused was issued years later.

According to police, he was 17-18 years old.  References in the case were made to the reports of two dental surgeons, but they were not part of a medical board's findings. The reports of the dental surgeons had no importance as the medical board did not explain the grounds for the appointing age. His age was reported to be more than 19 years.  The court, directing Naek to continue his arguments, adjourned the hearing till December 24. Jatoi and two others have been awarded death sentences while two other suspects have been awarded life imprisonment. The SHC is hearing the pleas of the convicts against the sentences on the orders of the Supreme Court.

Arshad Pappu

The SHC expressed its displeasure over absence of investigation officer (IO) in the Arshad Pappu murder case and issued his arrest warrants.

A two-member bench heard the bail plea of the Lyari gangsters, Zakir Dada and Chand Khan Niazi. The Rangers' prosecutor Sajid Mahboob Shaikh told the court that IO of the case did not appear before the court, and it seemed that IO was under pressure.

The bench directed the Rangers' prosecutor and advocates to appear on the next hearing on December 26 with preparation.

According to the prosecutor, a total of 17 witnesses have already recorded their statements against the accused in the ATC. He said that Uzair Baloch was arrested later, and so he should be again be indicated in the case. The colleagues of the former inspector Chand Khan Niazi had recognised him.

The ATC had rejected the bail plea of both the accused in the case. The accused were booked for killing three Lyair gangsters. Alleged Lyari gangster Arshad Pappu, his brother Yasir Arafat, ten-year-old son, and their confidant Juma Sher had gone to attend a friend's party in Defence Housing Authority on the night of March 16. According to the prosecution, the boy returned home at midnight and disclosed that they were abducted.

Later, the three were allegedly killed after severe torture and their mutilated, beheaded bodies were found in Lyari.

The SHC issued arrest warrants of IO Yameen Gujjar. The court, later, adjourned the hearing.

Liaquat jatoi case

The SHC issued notices to the interior ministry and others in a case against barring former Sindh chief minister Liaquat Jatoi from travelling outside the country by Federal Investigation Agency (FIA). A divisional bench, headed by Justice Iqbal Kalhoro, heard the plea of former chief minister on being stopped by FIA from travelling abroad. Advocate Khwaja Naveed said that Jatoi was going to Dubai a day earlier but at Karachi airport, the immigration authorities stopped him. Advocate Naveed requested the court to grant permission to Jatoi as his daughter in Dubai was ill. The court turned down the request. Justice Kalhoro remarked that first the court will listen to parties, then will give any ruling on the plea. The court, issuing notices to interior ministry and others for replies and adjourned the hearing till December 21.

Non-payment of salaries

The SHC on Monday issued notices to Karachi mayor, local bodies secretary, and district municipal corporations (DMCs) till January 17 in the case pertaining to non-payment of salaries to the teachers of Karachi Metropolitan Corporation (KMC) schools.

The SHC heard the plea filed by a group of teachers who stated before the court that 240 teachers of KMC had not received their salaries since December 15, 2015.

The employees performed their duties during the census and election 2018, the petition said. The petition said that teaching and non-teaching staff performed their duties regularly, but their salaries were stopped without any reason.

Published in The Express Tribune, December 18^th, 2018.