Court seeks Sindh AG’s response on release of JIT reports

Plea to produce Uzair Baloch in court and allow him to meet his family wrapped up

KARACHI: The Sindh High Court (SHC) sought response from the Sindh Advocate-General Salman Talibuddin over a petition moved by federal minister Ali Zaidi seeking to make public the Joint Investigation Team (JIT) reports of the Baldia factory fire, Uzair Baloch and Nisar Morai's cases. A two-member bench, comprising Justice Muhammad Iqbal Kalhoro and Justice Shamsuddin Abbasi, was hearing the case on Monday when the petitioner's counsel, Muhammad Umar Soomro, presented his arguments. He maintained that the JIT reports of these cases were highly important as all the agencies of the country were involved in the investigation of the cases. Baldia factory incident was horrific while Uzair Baloch and Nisar Morai were involved in serious offences, Soomro said.

Sindh government's counsel, however, said that Ali Zaidi's demand of making the JIT reports public was political, to which Soomro replied that many people lost their lives, how could the demand be political. The Sindh government did not present Nisar Morai's JIT report, he added.

The court directed the advocate-general to submit response by May 6 and adjourned the hearing.

Uzair Baloch

Another bench of the SHC wrapped up the petition seeking to produce Uzair Baloch before the court and to allow the family to meet him.

A two-member bench, comprising Justice Aftab Gorar and Justice Amjad Ali, was hearing the petition on Monday. The petitioner's counsel, Shaukat Hayat, maintained that after completing the investigation, a report for court martial was presented. The jail authorities had handed over Uzair to military authorities on April 4, 2017.

Deputy attorney-general informed the court that they intended to try Uzair Baloch in the military court.

"You made jail authorities, Rangers and police parties in the petition," the court remarked, to which the petitioner's counsel maintained that the jail authorities had handed him over to the military.

The deputy attorney-general said that there were cases of serious nature against Uzair Baloch and a meeting with his family had already been arranged. The court, after hearing the statements given by the deputy attorney-general, wrapped up the petition.

Naqeebullah case

The same bench on Monday granted time to lawyers to prepare their arguments over the petition seeking annulment of bail of the former Malir SP Rao Anwar and others in Naqeebullah murder case. The lawyers sought time for the arguments. The court, accepting the request, adjourned the hearing till April 29.

May 12 incident

The SHC gave two months' time to the provincial government to submit its reply on the formation of a new JIT to probe the May 12 incident. A two-member bench, headed by Justice Iqbal Kalhoro and comprising Justice KK Agha, was hearing the case on Monday in which the provincial government presented the old JIT reports.

The court expressing its dissatisfaction with the JIT report asked the provincial government to submit its response over the formation of a new JIT. Sindh government, in its report, maintained that families of the 42 victims of the May 12 incidents have been given compensation. The court had also sought a detailed report on the compensation.

The petition, filed by Iqbal Kazmi, had maintained that the government was told to form a JIT within two weeks but no JIT had been formed even after two months.

Illegal weapons

The SHC commuted the sentence of accused from 14 years to seven years' imprisonment in a case of possessing illegal weapons. A two-member bench, comprising Justice Naimatullah Phulpoto and Justice KK Agha, announced the verdict over an appeal filed against the sentence awarded to Abdul Rehman by the trial court.  According to the police, illegal weapons were seized from the accused's possession. A case was registered at Gulistan-e-Jauhar police station.

KPT advertisements 

The SHC issued notices to Prime Minister's Principal Secretary, Cabinet Division secretary, Karachi Port Trust (KPT) chairman, KPT secretary and federal secretary and several others over a petition asking the court to annul a recent advertisement of the KPT for appointments in the organisation.

A two-member bench, comprising Justice Azizur Rehman and Justice Adnanul Karim, was hearing the petition on Monday in which the petitioner, former MNA Salman Mujahid Baloch, maintained that the advertisement for jobs was unconstitutional. It is a breach of recruitment policy under the 2014 federal decision when the urban areas of Sindh including Karachi, Hyderabad were being neglected due to the quota system. It also maintained that the Pakistan Testing Service (PTS) was also affected. Hence, ad by KPT based on the quota system was unconstitutional and violation of Articles 9, 14, 25 and 27 of the Constitution. The quota system had expired in 2013 as the National Assembly and parliament did not extend the quota system since 2013. Based on this, KPT's ad for jobs on quota basis was unconstitutional and illegal. This is a matter of public interest, so the court is requested to declare the KPT ad unconstitutional and direct all job posts to be filled on merit, maintained the petitioner.  Court, issuing notice to those involved, sought responses by May 13. 

Published in The Express Tribune, April 23^rd, 2019.