Sindh High Court PHOTO: EXPRESS
A two-member-bench comprising Chief Justice Ahmed Ali Sheikh and Justice Omar Sial was hearing on Tuesday the bail pleas filed by Azhar Qadir, Khalil Asad and others who have been accused in the case.
The counsels for the accused maintained that NAB has transferred this inquiry to the investigators of the fake accounts case and the accused are now receiving phone calls from NAB Rawalpindi. The chairman of NAB doesn't have the authority to transfer the case, argued the counsel.
Chief Justice Sheikh expressed annoyance over the absence of prosecutor-general despite judicial orders.
NAB's prosecutor argued that it is the month of Ramazan, allow the prosecutor-general to appear in the court after Ramazan.
Chief Justice remarked that "does the month of Ramazan restrict anyone from working? The accused, counsels and all of us are working. The court will announce the verdict in the favour of the accused if NAB's prosecutor-general does not appear in the court. There are number of NAB's officials present in the court but no one is willing to give the arguments."
The court ordered to send the copy of order to the NAB's chairperson. Chief Justice remarked that NAB's chairperson should ensure compliance with the judicial orders. The court summoned Sindh prosecutor-general on May 28.
According to NAB, Rs4 billion Roshan Sindh project was initiated for the installation of solar street lights in the province but the complaints of large scale corruption have been filed in the implementation of the projcet.
DG summoned
The same bench ordered the director-general of NAB to appear with preparation in the corruption case against former SP Thatta Muhammad Ali Wassan.
The bench was hearing the case of the corruption inquiries initiated by NAB against former SP Wassan.
Chief Justice expressed annoyance with the NAB officials for not submitting the progress report. Chief Justice remarked that "we are getting fed-up with the performance of NAB. Enough is enough. The court will pass the structure against NAB now."
Chief Justice said while addressing NAB's case officer, "Summon the director or NAB DG. Tell them to come prepared on July 2 otherwise it won't be good for them".
Chief Justice said that when the court inquired about the progress in the case it was informed that the case has been transferred to Sukkur.
Plea rejected
The high court rejected on Tuesday the plea filed by the Pakistan Peoples Party (PPP) leader Faryal Talpur challenging the cases filed against her by Federal Investigation Agency (FIA).
The government lawyer informed the two-member-bench comprising Chief Justice Ahmed Ali Sheikh and Justice Omar Sial that the money laundering case against Faryal Talpur has already been transferred to Islamabad therefore the pleas filed in the high court have become ineffective.
The court rejected the plea due to being ineffective. The plea filed on by Faryal Talpur challenged the inquiry against her by FIA in the mega money laundering case.
Bail extended
The same bench extended the bail of former provincial minister Ziaul Hassan Lanjar till July 9, and ordered the NAB officials to file the reference against him soon.
The NAB's prosecutor argued that the inquiry against Ziaul Hassan Lanjar has been completed and reference has been sent to NAB's chairperson for approval. The reference against the accused would be filed soon, he assured the court.
President's election
Another bench of the high court comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal sought the reply on the plea filed against Dr Arif Alvi's election as the President of Pakistan.
The bench expressed its annoyance with the President of Pakistan Dr Arif Alvi for not submitting the reply despite judicial orders. The court sought the reply from Dr Arif Alvi by June 12.
Justice Mazhar asked "what these people are up to? Submit the reply in 10 to 15 days and then the court will look into the matter."
Petitioner's counsel argued that how can a man remain the president of a country who is involved in the tempering with judicial records.
Justice Mazhar remarked that it will be seen if Dr Arif Alvi fits to the standard of Article 62, once the reply is submitted by him.
Federal minister of law and justice, Farogh Naseem's assistant lawyer submitted the power of attorney in the court on behalf of Dr Alvi.
The plea mentioned that Dr Alvi tempered with the record of civil law suit filed in 1977. The current Chief Justice of SHC also passed orders against him. Dr Alvi mentioned himself as the co-trustee of Alvia Tablighi Trust and trustee of the Salt Bank at Hawkes Bay. He gave false statements thrice in the case under trial in the court in 1977. He had submitted fake documents in the case pertaining to 1810 acres of Hawkes Bay land to get the verdict of the case passed in his favour. A man who is involved in the tempering with judicial records could not be the president of Pakistan therefore the court should declare him incompetent.
Goods held
A two-member-bench headed by Justice Aqeel Abbasi and comprising Justice Zulfiqar Ahmed Khan ordered to complete all the necessary procedures in two days for the import of old shoes, clothes and other stuff for the helpless and orphans.
The bench was hearing the plea filed by a private welfare organization against holding the old shoes, clothes and other stuff for the helpless and orphans at the port. The court expressed annoyance over holding old stuff on port despite judicial orders.
The petitioner's lawyer argued that many people living abroad have been sending the old goods and stuff to Pakistan for a long period of time. Containers of old goods and stuff were imported in August 2018. The old goods have the exemption from Customs duty because of being used for welfare but the goods have been held on the port. The goods have been there on the port since last year.
Justice Aqeel Ahmed Abbasi remarked that the officials who sit in AC rooms think that the judiciary is a joke. They take advantage of the leniency of the courts. Do you favour anyone else by doing government job?
The custom officials told that the consignments of Sahara Welfare were released on judicial orders. The court ordered to complete the necessary procedures in two days. The court remarked that contempt of court action will be taken if the orders are not complied with till the next hearing. The court adjourned the hearing of the case till May 24.
Published in The Express Tribune, May 22nd, 2019.
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