Mustafa Kamal. PHOTO: EXPRESS
A two-member bench, headed by Chief Justice Ahmed Ali Shaikh and comprising Justice Omar Sial, was hearing the bail plea. Syed Mustafa Kamal, Iftikhar Qaimkhani and other accused appeared before the court. The junior lawyer maintained that the counsel for Iftikhar Qaimkhani was ill therefore the court should grant extension for the arguments. Chief Justice inquired whether the reference against the accused had been filed.
The National Accountability Bureau (NAB) officials told the court that the reference against Mustafa Kamal and other accused has been filed in the accountability court. The court sought arguments on September 25.
According to NAB, Mustafa Kamal and others have been accused of illegally allotting of 5,500 square yards land near the coast. Former Director-General of the Sindh Building Control Authority (ABCA) Iftikhar Qaimkhani, Fazalur Rehman, Mumtaz Haider, Nazir Zardari and others are among the co-accused. The land was leased to hawkers and shopkeepers in 1980, but DJ Builders took the land on lease in 2005. Former City Nazim Syed Mustafa Kamal allowed builders to illegally construct a high-rise building on the land.
Reply sought
Another bench of the SHC, comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal, sought a response from Karachi Metropolitan Corporation (KMC) by October 9 over a plea filed against it by the traders of Shahabuddin Market near Empress Market regarding the removal of encroachments.
The counsel representing KMC, Advocate Sameer Ghazanfar, maintained that an alternative space has been allotted to these traders after the anti-encroachment operation.
Petitioner's counsel argued that the place which has been allotted by KMC doesn't have utility facilities. KMC has also put up encroachments at the heritage site near Empress Market.
Advocate Ghazanfar said, "I have got the file of this case just a day before, therefore time is required for preparation."
The court summoned KMC's Estate Director to appear in person. The court granted an extension to KMC's counsel and sought response by October 9.
Plea rejected
The same bench rejected the plea against the appointment of Dr Asim as the chairman of the provincial Higher Education Commission.
Petitioner's counsel argued that the appointment of Dr Asim as the HEC Chairman was illegal. A person can be appointed HEC chairman only once according to the law.
Counsel for Dr Asim, Owais Jamal, maintained that petitioner has failed to provide a solid reason to defend his plea. The plea filed against the appointment of Dr Asim should therefore be dismissed.
The court remarked that the petitioner is interpreting the law wrong. Dr Asim's appointment is not a violation of the law.
The court rejected the plea against the appointment of Dr Asim as the Chairman of Higher Education Commission.
Published in The Express Tribune, September 5th, 2019.
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