SHC maintains stay order against encroachments in parks
Seeks report regarding fumigation drive, progress of cleaning activities
PHOTO: EXPRESS
KARACHI:
While hearing the plea filed by the former city nazim, Naimatullah Khan, against the illegal occupation of parks in Karachi, on Wednesday, the Sindh High Court (SHC) maintained the stay order against illegal constructions in parks and directed the counsels for the parties to prepare arguments for the next hearing.
During the hearing, the petitioner's counsel argued before a two-member bench of SHC, comprising Justice Syed Hassan Azhar Rizvi and Justice Kosar Sultana, that a political party had illegally occupied parks in Karachi and had established its offices in the parks' premises. The petitioner's counsel requested for the removal of encroachments from public parks and said that they be opened for citizens.
The court maintained the stay order against illegal constructions in parks and ordered that no illegal structures are to be built inside parks' premises. It adjourned the hearing for four weeks and directed the parties' counsels to prepare arguments for the next hearing.
Fumigation and cleaning
The same bench also directed Karachi Mayor Wasim Akhtar and district municipal corporations (DMCs) to submit a report regarding the fumigation drive in Karachi by October 2, while hearing a plea pertaining to dirt, garbage dumps and flies and mosquitoes abounding the city.
The petitioner's counsel informed the court that swarms of flies and mosquitoes have descended over Karachi due to garbage dumps lining its streets. As a result of the accumulation of garbage, a foul smell has engulfed the city and there has been an outbreak of dangerous diseases including the Crimean-Congo Hemorrhagic Fever, throat infections and gastrointestinal disorders, the counsel for the petitioner said.
The petitioner's counsel requested the court to direct the Sindh government, Karachi mayor, cantonment boards and other relevant bodies to take immediate action for ridding Karachi of heaps of garbage and to launch a city-wide awareness campaign.
Addressing the counsel for the DMCs, the court asked, what has been done to remove garbage piles, and inquired, why insecticides weren't being sprayed. It remarked that different kinds of insects were swarming across Karachi and yet municipal organisations weren't doing anything.
Responding to the court's questions, the counsel for Malir DMC said that fumigation was underway in the Malir district.
The court sought a report containing details about the amount of insecticides sprayed and the progress made with regards to the cleaning of the city.
Wheat bags misappropriation
Meanwhile, another bench, headed by Justice Ahmed Ali Shaikh and comprising Justice Omer Sial, extended the bails of the accused in a case of misappropriation of wheat bags. It was hearing the bail pleas filed the seven accused, including Allah Bachayo, Aslam Ahmed and Muhammad Ashraf, against whom the National Accountability Bureau (NAB) has initiated an inquiry. It is alleged that the accused illegally distributed wheat sacks among their favourite persons.
During the hearing, Justice Shaikh expressed annoyance with the NAB officials' unsatisfactory performance. Addressing the NAB officials, the court remarked that everybody except them knew on whose orders wheat bags were given to some favourite persons.
"Don't you have the courage to speak the truth? Why haven't you taken action against those who ordered the supply of wheat bags?" the court asked the Sukkur NAB director. To this, the Sukkur NAB Director said, "I want to make a request," and appealed to the court to consider his request. The court questioned why it should consider any of his requests when he doesn't have the courage to speak the truth. "Just inform the court for how long you have been working in the NAB?" the court questioned. The Sukkur NAB Director replied, "I have been working in the department since 2003." The court remarked, "You have been working for so long and yet you do not know who is responsible for the misappropriation of wheat sacks. What will the investigation officer (IO) know when you, being the director, do not know anything."
The NAB prosecutor maintained that the inquiry of the case has been completed and a report has been sent to the NAB chairman.
The court extended interim bails of the accused and adjourned the hearing till October 23.
Assets beyond means
The bench also heard the recently filed reference against Sharjeel Memon, who is accused of possessing assets beyond means, and disposed of the bail pleas of two businessmen nominated in the reference. The decision came after court recorded the IO's statement.
The court expressed anger at NAB DG Brigadier (R) Farooq Awan. Justice Shaikh reprimanded him for not giving satisfactory answers and said, "Your IO does not know anything. The court does not like to summon you repeatedly." Is there a single officer, who can give relevant and precise answers to court's queries, the court asked him.
The IO said in his statement that the two businessmen, Aram Ilahi and Ehsan, were not nominated in the reference. Following this, the court disposed of the businessmen's bail peas.
NAB had issued call-up notices to both the businessmen and had nominated them in the case, claiming that they had sold the plot located in DHA, which is owned by Memon's mother. Hence, Ilahi and Ehsan had filed pre-arrest bail pleas to avoid their expected arrests.
Reportedly, Memon's mother had bought the plot in 2014.
Murder case
In another case, pertaining to the murder of a citizen, Shakeel, the court dismissed the plea filed against the death sentence awarded by a sub-ordinate court to the two accused and commuted the death sentence into life imprisonment.
A two-member bench, comprising Justice KK Agha and Justice Khadim Hussain Tunio, heard the plea filed by the accused Nabeel and Bilal against the death sentence awarded to them by a trail court.
According to the prosecution, a special court had sentenced the accused to death in a murder case. The accused had killed a citizen, Shakeel, in the jurisdiction of Kalakot police station, in 2014, the prosecution informed the court.
Published in The Express Tribune, September 26th, 2019.
While hearing the plea filed by the former city nazim, Naimatullah Khan, against the illegal occupation of parks in Karachi, on Wednesday, the Sindh High Court (SHC) maintained the stay order against illegal constructions in parks and directed the counsels for the parties to prepare arguments for the next hearing.
During the hearing, the petitioner's counsel argued before a two-member bench of SHC, comprising Justice Syed Hassan Azhar Rizvi and Justice Kosar Sultana, that a political party had illegally occupied parks in Karachi and had established its offices in the parks' premises. The petitioner's counsel requested for the removal of encroachments from public parks and said that they be opened for citizens.
The court maintained the stay order against illegal constructions in parks and ordered that no illegal structures are to be built inside parks' premises. It adjourned the hearing for four weeks and directed the parties' counsels to prepare arguments for the next hearing.
Fumigation and cleaning
The same bench also directed Karachi Mayor Wasim Akhtar and district municipal corporations (DMCs) to submit a report regarding the fumigation drive in Karachi by October 2, while hearing a plea pertaining to dirt, garbage dumps and flies and mosquitoes abounding the city.
The petitioner's counsel informed the court that swarms of flies and mosquitoes have descended over Karachi due to garbage dumps lining its streets. As a result of the accumulation of garbage, a foul smell has engulfed the city and there has been an outbreak of dangerous diseases including the Crimean-Congo Hemorrhagic Fever, throat infections and gastrointestinal disorders, the counsel for the petitioner said.
The petitioner's counsel requested the court to direct the Sindh government, Karachi mayor, cantonment boards and other relevant bodies to take immediate action for ridding Karachi of heaps of garbage and to launch a city-wide awareness campaign.
Addressing the counsel for the DMCs, the court asked, what has been done to remove garbage piles, and inquired, why insecticides weren't being sprayed. It remarked that different kinds of insects were swarming across Karachi and yet municipal organisations weren't doing anything.
Responding to the court's questions, the counsel for Malir DMC said that fumigation was underway in the Malir district.
The court sought a report containing details about the amount of insecticides sprayed and the progress made with regards to the cleaning of the city.
Wheat bags misappropriation
Meanwhile, another bench, headed by Justice Ahmed Ali Shaikh and comprising Justice Omer Sial, extended the bails of the accused in a case of misappropriation of wheat bags. It was hearing the bail pleas filed the seven accused, including Allah Bachayo, Aslam Ahmed and Muhammad Ashraf, against whom the National Accountability Bureau (NAB) has initiated an inquiry. It is alleged that the accused illegally distributed wheat sacks among their favourite persons.
During the hearing, Justice Shaikh expressed annoyance with the NAB officials' unsatisfactory performance. Addressing the NAB officials, the court remarked that everybody except them knew on whose orders wheat bags were given to some favourite persons.
"Don't you have the courage to speak the truth? Why haven't you taken action against those who ordered the supply of wheat bags?" the court asked the Sukkur NAB director. To this, the Sukkur NAB Director said, "I want to make a request," and appealed to the court to consider his request. The court questioned why it should consider any of his requests when he doesn't have the courage to speak the truth. "Just inform the court for how long you have been working in the NAB?" the court questioned. The Sukkur NAB Director replied, "I have been working in the department since 2003." The court remarked, "You have been working for so long and yet you do not know who is responsible for the misappropriation of wheat sacks. What will the investigation officer (IO) know when you, being the director, do not know anything."
The NAB prosecutor maintained that the inquiry of the case has been completed and a report has been sent to the NAB chairman.
The court extended interim bails of the accused and adjourned the hearing till October 23.
Assets beyond means
The bench also heard the recently filed reference against Sharjeel Memon, who is accused of possessing assets beyond means, and disposed of the bail pleas of two businessmen nominated in the reference. The decision came after court recorded the IO's statement.
The court expressed anger at NAB DG Brigadier (R) Farooq Awan. Justice Shaikh reprimanded him for not giving satisfactory answers and said, "Your IO does not know anything. The court does not like to summon you repeatedly." Is there a single officer, who can give relevant and precise answers to court's queries, the court asked him.
The IO said in his statement that the two businessmen, Aram Ilahi and Ehsan, were not nominated in the reference. Following this, the court disposed of the businessmen's bail peas.
NAB had issued call-up notices to both the businessmen and had nominated them in the case, claiming that they had sold the plot located in DHA, which is owned by Memon's mother. Hence, Ilahi and Ehsan had filed pre-arrest bail pleas to avoid their expected arrests.
Reportedly, Memon's mother had bought the plot in 2014.
Murder case
In another case, pertaining to the murder of a citizen, Shakeel, the court dismissed the plea filed against the death sentence awarded by a sub-ordinate court to the two accused and commuted the death sentence into life imprisonment.
A two-member bench, comprising Justice KK Agha and Justice Khadim Hussain Tunio, heard the plea filed by the accused Nabeel and Bilal against the death sentence awarded to them by a trail court.
According to the prosecution, a special court had sentenced the accused to death in a murder case. The accused had killed a citizen, Shakeel, in the jurisdiction of Kalakot police station, in 2014, the prosecution informed the court.
Published in The Express Tribune, September 26th, 2019.