Arguments sought on SFA’s power to operate in cantonment areas by SHC

SHC tells federal govt to file replies on plea against petroleum prices


Our Correspondent May 17, 2019
Sindh High Court PHOTO: EXPRESS

KARACHI: The Sindh High Court (SHC) has asked the counsel for Sindh Food Authority (SFA) to present his arguments on May 31, on a plea challenging the powers and authority of SFA to carry out operation in cantonment areas.

The petitioner's counsel submitted before a two-member-bench comprising Justice Muhamad Ali Mazhar and Justice Agha Faisal that the SFA could not operate in the localities falling under the territorial jurisdiction of the cantonment boards.

The government lawyer argued that the SFA could operate in the cantonment areas after the 18th Amendment in the Constitution of Pakistan claiming that Supreme Court had declared the eatables and food items as a provincial subject.

Two minors died after consuming food at Arizona Grill restaurant in Clifton. Sindh Food Authority also sealed the storage facility of this restaurant for keeping sub-standard items in it.

Justice Mazhar inquired that hasn't the murder case against Arizona Grill been concluded after the settlement between the parties?

The government lawyers maintained that the case against Arizona Grill is still under trial.

The court sought arguments from the SFA counsel May 31.

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Petroleum prices

The same bench hearing a petition challenging recent increase in the prices of petroleum products gave time to lawyers of the federal government to file their replies by May 30.

The federal government and other respondents haven't submitted their replies on the petition despite the issuance of judicial notice.

The counsels appearing for the federal government requested for extension in time for the submission of replies. The court accepted the request and adjourned the hearing till May 30. The court ordered the additional attorney-general to submit the reply on next hearing under any circumstances.

The court had issued the notices to ministry of petroleum, federal government and others and sought the method of increasing the rates of petroleum products.

The plea filed against increase in prices maintained that the rates of petroleum products have been increased despite a case in this regard already being heard at the court. The increase has led a storm of inflation in the country and the court should have been taken into confidence before increasing the rates, argued the petitioner.

Road closure

The SHC issued notices to government of Sindh, Director-General Sindh Building Control Authority (SBCA), KDA, Karachi Metropolitan Corporation (KMC) and a private construction company on a petition filed against the blocking of Ameer Khusro Road.

Advocate Irfan Aziz appearing for petitioner Nasir Ahmed informed the bench of Justice Mazhar and Justice Faisal that a residential plot on Ameer Khusro Road is being used for commercial purposes by a construction company. A school has been established in a residential bungalow.

The complaints have been filed with the relevant institutions but they are avoiding taking any action. Barriers have also been put on Ameer Khusro Road which is affecting the movement of vehicles on the road.

The court issued notices to government of Sindh, SBCA, KDA, KMC and the private construction company and ordered the parties to submit the reply till May 28.

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Education reforms

Sindh high court has directed the petitioner and education secretary to find a solution together over a plea seeking educational reforms and provision of the free of cost education.

Secretary education Shahid Parvez appeared before the court and informed the two-member-bench comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal that he wanted to have a meeting with the petitioner. "We want to tell them that how much we are struggling for education and we will provide every detail about the Sindh education and literacy department is spending to what extent and where."

He revealed that a 100 million dollars US grant has been issued under Global Partners Education for the education in Pakistan. In addition to it 50 million dollars grant has been approved by the European Union and  Japanese ambassador has also promised to provide 100 million dollar funds, the education secretary said.

The petitioner's lawyer argued that every private school has to provide free of cost education to 10% of the students according to the law but the government is not making the private schools to comply with this law.

The court directed both the parties to find a solution together and submit a report in the court on May 24.

Orders to NAB

Another bench of the SHC comprising Chief Justice Ahmed Ali Sheikh and Justice Omar Sial while hearing bail please of accused in inquiries initiated by the National Accountability Bureau (NAB) ordered its officials to appear with preparation on the next hearing of the case.

Bail pleas had been filed by Shafqat Ali Shah, Hameedullah and others in the NAB inquiries. The court expressed annoyance with the NAB Karachi's director Shehzad Imtiaz over NAB's performance in the inquiries. The court inquired that what progress has been made against the accused in the inquiries. "Why haven't you auctioned the properties of the accused if they drained their bank accounts?"

The court while addressing the investigation officer said that "it seems that you are on the side of the accused." The investigation officer failed to reply.

The court summoned NAB Karachi's director Shehzad Imtiaz to the rostrum and asked him why haven't the action been taken after the bank accounts of the accused were drained. "Who creates the call-up notices sent to the accused?"

The court remarked while expressing annoyance with the NAB's director that "do you know how to make a call-up notice." Shehzad Imtiaz said that the call-up notices are made by the investigation officer. The court remarked that "you don't know how to make a call-up notice. You have been working in NAB for 16 years and you can see your performance. Show only one such call-up notice to court from Karachi in which all the allegations are mentioned."

The court ordered NAB officials to come prepared on the next hearing and adjourned the hearing till May 23.

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Contempt case

The high court ordered the land secretary to submit the report in 15 days in the contempt of court case pertaining to the cancellation of leases of 70 goths.

A two-member-bench comprising Justice Syed Hassan Azhar Rizvi and Justice Mehmood A Khan was hearing the contempt of court case against the secretary land. Petitioner's counsel argued that 70 goths were leased in 2012 on Sindh chief minister's orders. Challans were collected from the citizens in the name of a residential scheme and certificate was issued in return but the secretary land cancelled the lease unexpectedly.

The court had ordered the secretary land to make a decision within two months over the pleas filed by the citizens who acquired the lease. The court's orders haven't been complied with.

The court issued notice to secretary land and ordered him to submit the report in 15 days after complying with the orders passed earlier.

Published in The Express Tribune, May 17th, 2019.

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