Where is Uzair Baloch, court asks Centre yet again

Judge warns of strict action if reply not submitted by Jan 22

KARACHI: The Sindh High Court (SHC) gave the defence secretary a deadline till January 22, on Wednesday, to file his reply on a petition seeking Lyari gangster Uzair Baloch's production before the trial court.

Justice Iqbal Kalhoro while hearing the petition filed by Baloch's mother Razia Bano, expressed annoyance over the federal government's failure to submit its reply. Giving another deadline to the defence secretary, Justice Kalhoro remarked that the court would take strict action if the reply was not submitted by January 22.

The Rangers' prosecutor submitted his reply before the court but the court termed it unsatisfactory. The court asked where Baloch had been detained and why the court was not being told about it. The prosecutor informed the court that Baloch was in the military's custody.



Bano maintained in her petition that her son was picked up by law enforcement agencies in January 2016 and has been in their custody since. She said Baloch was booked and charged in 40 anti-terrorism cases which are pending in the anti-terrorism courts. According to her, Balcoh was shifted from Central Jail on April 12, 2018 and since then he has not been produced before the court. The petitioner added that the trial court is neither proceeding with the pending cases against Baloch nor was it issuing any order to the jail authorities for his production. She said that family members were not being allowed to meet him and that he is being kept at an undisclosed location.

The court adjourned the hearing till January 22.

IO summoned

SHC summoned the investigation officer (IO), on Wednesday, to appear before the court at the next hearing of the bail plea of accused, Taha Raza, in the mega money laundering case.

A two-member bench, comprising Justice Iqbal Kalhoro and Justice Shamsuddin Abbasi, expressed its annoyance over the absence of the IO and sought an explanation for his continuous absence despite being issued several notices and directed him to appear at the next hearing.

Advocate Shaukat Hayat maintained that Raza's bail plea has been filed on medical grounds. He said that Raza has a leg fracture and therefore he should be released on bail. The final challan hasn't been submitted in the court yet.

Raza is in jail on remand ordered by the court. He was arrested along with another prominent banker, Hussain Lawai.

Fourth Schedule list

The same bench directed the petitioner's counsel, on Wednesday, to file a review plea before the home secretary, regarding the inclusion of Dr Akmal Waheed's name in the Fourth Schedule of the Anti-Terrorism Act. [The Fourth Schedule is a list of 'proscribed' persons, suspected of terrorism and/or sectarianism, under Section 11EE of the Anti-Terrorism Act (ATA) 1997].

The petitioner's counsel, Advocate Muhammad Farooq, argued that an anti-terrorism court has acquitted Waheed of the charges of assisting terrorists. Farooq said that the police has also removed Waheed's name from the FIR registered in the case of attack on the Core Commander's convoy in 2004. He maintained that the petitioner's name has, however, been included in the Fourth Schedule due to the government's ill intentions. He said his client is a senior cardiologist who is being implicated in false cases.

The prosecutor argued that Waheed had left the country violating the Fourth Schedule. He said that the case of violation is under trial at the anti-terrorism court.

The court directed the petitioner's counsel to file a review plea before the home secretary and adjourned the hearing.



Issuance of lease

The SHC ordered the authorities to issue leases to 70 villages of Karachi as per law.

While hearing a petition filed by a resident of Gharibabad, the court directed the Land Utilisation secretary to review the applications of residents against the cancellation of lease.

The petitioner informed the court that there are 6,000 houses in Gharibabad area and it has all facilities including gas, water, and electricity available. Some residents are also given allotment letters. He said that the former Sindh chief minister, Syed Qaim Ali Shah, had issued leases to 70 villages, but in 2015 the Land Utilisation secretary cancelled their leases without issuing any notice. *With additional reporting from PPI

Published in The Express Tribune, January 3^rd, 2019.