SHC seeks response from ASF over manufacture, sale of ‘faulty bomb detectors’

ASF has made a bomb detector named Khoji and is selling it for Rs70,000, claimed the petitioner

KARACHI: The Sindh High Court (SHC) issued notices to the Ministry of Defence, Civil Aviation Authority, Airport Security Force (ASF) and others in a case of alleged preparation and sale of a defective bomb detector by the ASF.

The hearing related to the alleged preparation and sale of the faulty bomb detectors by the ASF was held before the division bench, comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal.

Advocate Abdul Moiz Jafri appearing for the petitioner, Public Interest Law Association, argued that ASF had made a bomb detector named Khoji and was selling it for Rs70,000. Experts have declared that this detector was not capable of performing its function effectively. These detectors are being given to different airports, other sensitive areas and several private organisations. The sale and manufacture of such detectors should be stopped which have been declared a danger to human lives.

This detector was being manufactured in Britain previously, but now it has been banned. A court in Britain had declared the device as cruel and inflicting danger to human life. The golf ball detectors worth $20 were sold in Iraq for GBP5000 each. Thousands of lives were lost due to the use of fake technology. Defected detectors are being made in Pakistan using the same technology, said the petitioner's counsel.

Missing persons

A different bench of the high court issued on Wednesday notices to the provincial home department, Sindh Police chief, Rangers DG and others on a set of pleas seeking the court's intervention for the recovery of missing persons.

A two-member bench comprising Justice Naimatullah Phulpoto and Justice KK Agha also ordered all the respondents to file their replies on these petitions by March 30.

Apprehending that the lives of missing persons could be in danger, the bench said that efforts should be made for their immediate recovery. It also directed relevant authorities that the missing persons should also be produced before the court on the next date of hearing.

TDAP case

Hearing the case of the disappearance of another citizen, Haroon Rasheed, the same bench summoned SSP Investigation personally on March 20, and sought replies from Director Federal Investigation Agency (FIA) Sindh, Sindh police chief and other authorities.

Counsel for Rasheed informed the bench his client had been arrested by the FIA after he refused to record his statement against former prime minister Yousuf Raza Gillani in Trade Development Authority Pakistan (TDAP) case.

Justice Agha asked the counsel for the accused if there was any eyewitness to say that Rasheed had been arrested by the FIA. Counsel of the accused replied that eyewitnesses were there but investigation officer was not recording their statements.

Haroon Rasheed has been missing since 2015 and his whereabouts are still not known.

The Counsel for the accused also referred to a judgment of the Islamabad High Court which declared that state would be guardian of the children of all missing people. It's therefore the responsibility of the state to bear the expenses of the affected family's children, he argued.

Investigation officer informed the court that there were 39 cases against the accused. Accused's counsel argued that he should be presented before the court if there are cases against him.

The bench sought replies from Director FIA Sindh, IG Sindh Police and other authorities as well as the complete details about the citizen.

Plea bargain

Another bench of the high court, comprising Chief Justice Ahmed Ali Sheikh and Justice Umar Sial, ordered one of the accused in National Accountability Bureau's (NAB) reference regarding corruption in police department to submit a pay order being plea bargain amount within two weeks. The bench was hearing case of unfair use of authority against former IG Ghulam Hiadr Jamali and others.

Advocate Mehmood Alam Rizvi counsel for accused said that his client AIG logistics Tanveer Ahmed Tahir had already filed a plea bargain request. Advocate Rizvi argued that we are ready to give the money.

NAB's prosecutor said that Tanveer Ahmed Tahir has been accused of 1,100,000 rupees of fraud.

Chief Justice remarked that this little amount of money is nothing for these people. Court ordered the accused to submit the pay order within two weeks.

The defense lawyer said that the plea bargain's request was sent to Chairman NAB. Chief Justice inquired the NAB's prosecutor that what is the procedure of filing a plea bargain? The court expressed its displeasure over NAB's prosecutor for not having the copy of NAB ordinance. Chief Justice remarked that you are a NAB's prosecutor and you don't even have the copy of ordinance. This cat and mouse game should be stopped. There are irregularities even in the plea bargain's request.

Plea against ECL

The same bench ordered the NAB prosecutor to give arguments on a plea filed against the exclusion of former CM Sindh Liaquat Jatoi's names from ECL.

Prosecutor of NAB argued that case against  Jatoi is under trial in Islamabad court therefore the SHC had no jurisdiction to hear the plea. However, the bench observed that pleas relating to ECL could be heard according to Supreme Court's orders. The NAB's prosecutor sought time to prepare his final arguments. Court ordered the prosecutor to argue the case on March 27.

Liaquat Jatoi's counsel argued that the accused has come back from abroad therefore the surety amount against the bail should be returned. Court ordered to refund the surety amount.

Illegal occupation

The SHC on Wednesday has directed the secretary land department to appear before the court along with the record of the land allotted for a research centre in Gadap Town and illegally occupied vy land grabbers.

A two-memberbench comprising Justice Hassan Azhar Rizvi and Justice Azizur Rehman heard the plea against the illegal occupation of the land acquired by former vice chancellor of the University of Karachi Dr Zafar Saeed Saifi to establish a research centre in Gadap Town.

Petitioner's counsel Barrister Asim Iqbal argued that four acres of land was acquired to establish a research center for the manufacture of medicine for malaria and dengue. The land mafia conniving with the government officers illegally occupied the land.

Court ordered Secretary land department, Deputy Commissioner Malir and Mukhtiarkar to appear in the court with complete record and adjourned the hearing till February 27. The court warned that the case will be transferred to NAB if there was no satisfactory explanation by the authorities.

Published in The Express Tribune, February 14^th, 2019.