SHC orders freezing of federal industries ministry’s accounts

Freeze will remain in effect till the due payment is given to retired employees of the steel mills

KARACHI: The Sindh High Court (SHC) ordered on Tuesday to freeze the accounts of the Federal Ministry of Industries and Production which is the controlling authority and responsible for the management and operation of Pakistan Steel Mills.

A two-member bench comprising Justice Shafi Siddiqi and Justice Adnan-ul-Karim Memon passed these orders while expressing its annoyance over the non-payment of gratuity and provident funds dues to the retired employees of the Steel Mills.

Hearing the pleas filed by the retired employees against non-payment their dues relating to gratuity and provident funds, the bench also sought a report from the Chairman of the Mills to ascertain if the funds of the mill were being used somewhere else. Counsel for petitioners counsel argued that Pakistan Steel Mills owes more than 15 billion rupees of unpaid dues to thousands of retired employees.



The court asked where did the money go which was acquired by selling the land owned by Pakistan Steel Mills? Counsel for Steel Mills argued that federal government has the details regarding the land and its disposal.

However, the Deputy Attorney-General maintained that the process of land's sale hasn't been completed yet. The issue is pending between the Economic Coordination Committee (ECC) and the Ministry of Production and Industries and ECC hasn't given the approval for payment of money.

Justice Shafi Siddiqi remarked that "if the money owed to employees hasn't been included in the budget then it is the incompetence of the government. Has the money been used somewhere else? Who allowed that?"

Counsel for Steel Mills maintained that money has been used as a loan. The counsel for employees argued that thousands of employees are deprived of their legal dues. Nobody knows that where has the 206 billion rupees gone that were acquired through sale of the land.

The court expressed annoyance over the non-payment of gratuity and provident funds to the retired employees of Pakistan Steel Mills and ordered to freeze the accounts of Federal Ministry of Industries and Production. The court remarked that the accounts will remain till the retired employees get their outstanding dues The court also ordered to distribute the money deposited with the court's Nazir among the employees. Joint Secretary Ministry of Industries and Production and the Joint Secretary of the Ministry of Finance requested that the accounts should not be frozen. Court remarked that what were you doing when the Steel Mills funds were being used somewhere else?

Court sought the report regarding funds being used elsewhere from the Chairman of Pakistan Steel Mills and adjourned the hearing till September 26.

HEC case

The SHC gave time to the counsel provincial higher education commission (HEC) to present his arguments after the completion of arguments by the counsel for Dr Ataur Rehman, who had filed a petition challenging the establishment of provincial HEC.

A two-member bench comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal was hearing the plea filed by Dr Rehman. Petitioner's counsel, while giving his arguments, maintained that Federal HEC was established to ensure the international standards in promoting education in the country. The 18th Amendment couldn't affect the status of Federal HEC and Lahore High Court also ordered to retain the Federal HEC.

After Dr Rehman's counsel had completed his arguments, counsel for provincial HEC requested the court to grant an extension. The court accepted the request and gave extension till September 4. The Government of Sindh has already submitted their reply in the case. According to the government of Sindh, education is a provincial subject after the 18th Amendment and establishment of provincial HEC will help in improving the standard of education in the province. The case of provincial HEC cannot be discussed or taken up in the Council of Common Interests, he said claiming that the apex court had already ordered the federal and provincial governments in 2011 to legislate for HECs. The Sindh HEC had been established according to the constitution and law said the counsel adding that the apprehensions of the petitioner are based on assumptions. The petitioner in his plea maintained that the establishment of provincial HEC was against the law and according to the Constitution, approval from the Council of Common Interests was necessary for the establishment of provincial HEC.

Sentence commuted

A two-member bench of the SHC comprising Justice KK Agha and Justice Khadim Hussain Tunio on Tuesday rejected the appeal filed by convicts against the sentence awarded to them in the murder case of Pakistan Teehrik-i-Insaf leader  Zahra Shahid's murder case but commuted death sentence into life imprisonment.

The bench announced the verdict on appeal filed by the convicts against the sentence awarded to them by the trial court. The court rejected the appeal against sentence and commuted death sentence into life imprisonment. The court remarked that the sentence awarded to the convicts has been commuted on the basis of slight contradiction in evidence and documents provided. An ATC had awarded death sentence to two activists of the Muttahida Qaumi Movement (MQM) who were found guilty of the murder.

According to the police, MQM workers Zahid Abbas Zaidi and Rashid alias Tailor were involved in the murder case. They killed PTI leader during the by-elections of 2013. Deceased Zahra Shahid's driver identified the accused before the court. The accused also confessed that they killed Zahra Shahid on the orders of MQM founder.

Notices issued

The same bench issued notices to government of Sindh, IG Sindh, CTD, DG Rangers and others over the plea pertaining to the disappearance of accused in the case of an attack on Airport.



The bench was hearing the plea filed against the disappearance of Asif Zaheer, who has been accused in the case pertaining to the attack on the airport. Petitioner's counsel argued that Asif Zaheer was taken into custody from a plumber's shop on August 15 by officials dressed in plain clothes. CCTV footage and another record of this incident are also available. Asif Zaheer had acquired bail in the case pertaining to attack on the airport, therefore, he should be recovered.

The court issued notices to government of Sindh, IG Sindh, CTD, DG rangers and others and sought a reply from the parties by September 19. The court also ordered to recover Asif Zaheer and produce him before the court.

Published in The Express Tribune, August 21^st, 2019.