SHC orders NAB to examine Vawda’s plea against Karachi Mayor

Mayor's counsel says that the plea was filed only for the sake of political point scoring

KARACHI: The Sindh High Court (SHC) disposed of Faisal Vawda's plea against Karachi Mayor Wasim Akhtar on Friday and ordered the National Accountability Bureau (NAB) to look into the case. A two-member bench, comprising Chief Justice (CJ) Ahmed Ali Sheikh and Justice Omar Sial, heard Vawda's plea against Akhtar.

Vawda's counsel argued that the corruption committed by Akhtar should be investigated. The CJ remarked that Pandora's Box would open up about who is Sadiq and Ameen [honest and trustworthy] and to what degrees. CJ Sheikh addressed Vawda and questioned that what was his government in Centre doing and why didn't he ask NAB to investigate this case.

Akhtar's counsel Advocate Shaukat Hayat argued that it should be asked whether Vawda's constituency has been cleaned up or not. The plea has been filed just for the sake of the political point scoring. Vawda's plea against Akhtar was not maintainable.

NAB was an independent institution and it could directly investigate if there was any complaint against anyone.

Vawda's counsel argued that the court should order NAB for proper investigations. CJ remarked that we had just ordered NAB to examine the case, according to the law. CJ inquired NAB prosecutor that what was the legal opinion of NAB over this? NAB prosecutor said that NAB will take legal action in accordance with the orders passed by the court.



 

Vawda had in his plea maintained that Akhtar was given billions of rupees for the development work in the city during 20 months. The condition of the city hasn't changed despite the funds. Worst corruption and financial irregularities were going on in every department of the city government. NAB chairman should be ordered to investigate against the corruption and court should declare that Akhtar is not Sadiq and Ameen. Vawda also requested that all accounts should be frozen till the audit of Karachi Metropolitan Corporation (KMC) funds.

Money laundering

The bail pleas of primary witness Sarfaraz Merchant and three others accused in the money laundering case against Muttahida Qaumi Movement (MQM) founder have been forwarded to the special bench of the SHC. The further hearing will be held before the special bench headed by Justice Muhammad Iqbal Kalhoro.

The same bench, comprising CJ Ahmed Ali Sheikh and Justice Sial, was hearing the bail pleas of accused on Friday in the money laundering case against MQM founder. Witness Sarfaraz Merchant, and accused Shahid Rasool, Umar Ahmed and Iftekhar Haider appeared before the court. NAB's investigation officer argued that the primary accused of the case Gul Hassan Channa had died. References against the accused had been filed which was under trial in an accountability court. Sarfaraz Merchant and others are accused of illegal allotment of 25 acres land.

Plea against sentence

The SHC adjourned the hearing of an appeal filed against the sentence awarded to MQM-Pakistan leader Amir Khan due to the absence of government lawyer. A two-member bench, comprising Justice Naimatullah Phulpoto and Justice KK Agha, was hearing the plea against the sentence in which the MQM-P Senior Deputy Convener Amir Khan appeared before the court. The case could not proceed due to the absence of government lawyer. The SHC adjourned the hearing till April 5.

Amir Khan in his petition argued that two people were murdered during the by-elections of 2003. "I was awarded 10 years' imprisonment by the anti-terrorism court. I filed a plea in 2004 in SHC against the sentence. I got the bail but no decision has been taken on the sentence," read the petition.

Naqeebullah case

The SHC disposed of Naqeebullah's father Muhammad Khan's petition on Friday seeking cancellation of an earlier Sindh government notification declaring former Malir Senior Superintendent of Police Rao Anwar's house as a sub-jail.

A two-member bench heard the plea filed by Khan in which Faisal Siddiqui, counsel for  the petitioner, informed the court that his client did not wish to follow the matter further since the accused had already been granted bail in the case.

The former police officer was the prime suspect in the extra-judicial murder of an aspiring Waziristan model Naqeebullah and four others. Anwar is currently facing trial in an anti-terrorism court in Karachi.



Last year, through a notification, Sindh Home Minister Sohail Anwar Siyal declared the former cop's house a sub-jail citing 'threats' to his life. The decision was challenged by Khan. The advocate had stressed that the treatment extended to Anwar by allowing "detention in his own home declared as a sub-jail is a simple continuation of the VVIP treatment being accorded to an alleged terrorist."

Shortly after the news of the fake encounter surfaced, a high-level inquiry committee comprising senior police officials found that Naqeebullah was killed in a 'staged' encounter on January 13, 2018. Sindh government defended decision to declare Anwar's house as sub-jail.

The incident garnered outrage leading to countrywide protests. The Supreme Court of Pakistan took a suo motu notice of the matter and summoned Anwar - who had gone underground.

Published in The Express Tribune, February 2^nd, 2019.