SHC rejects appeal against sealing eatery in DHA

Two children had died after consuming food at the restaurant

KARACHI: The Sindh High Court (SHC) rejected the pleas filed against sealing a private restaurant, Arizona Grill, in DHA, where two children had died after consuming food.

During the hearing on Friday, a two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal, also dismissed the plea challenging the Sindh Food Authority's (SFA) authority to operate in cantonment areas. The court said that SFA is authorised to carry out its operations anywhere in Sindh and that the assembly hasn't restricted the provincial agencies from operating in areas that fall under the territorial jurisdictions of cantonment boards.

Presenting SFA's case before the court, its counsel said that the authority can operate anywhere in the province.

However, the petitioner's counsel maintained that two had children died and their mother had become critically ill after eating food at the restaurant, and yet the cantonment board didn't take any action against the eatery. The counsel said that federal laws are applicable in the area where the restaurant is located and licence for the restaurant, Arizona Grill, was issued by the cantonment board. Hence, SFA does not have the power to carry out its operations in the area, he added.

Petition dismissed

Meanwhile, a single bench of Justice Yousuf Ali Syed dismissed the petition filed by Pakistan Muslim League-Nawaz (PML-N) leader Shahbaz Sharif, seeking disqualification of Pakistan Tehreek-e-Insaf (PTI) MNA Faisal Vawda.

In July 25 polls last year, Vawda emerged as a winner in Karachi's NA-249 constituency, with Sharif trailing behind him with a narrow margin of 718 votes. After his defeat, the PML-N president moved a petition in the high court, challenging Vawda's victory.

In his petition, Sharif had requested for a recount of votes and barring the Election Commission of Pakistan from issuing a notification of Vawda's victory. The plea mentioned that Vawda had secured 35,349 votes against Sharif's 34,626 votes, because the latter's polling agents weren't given Form 45. Sharif further mentioned in his plea that results were given on blank papers, in most cases Form 45 didn't have presiding officers' signatures and his election campaign was hampered.

Talking to media personnel outside the court, Vawda thanked the court for his victory and said that he respects the court.

Bails extended

In another case, SHC extended the interim bails of Pakistan Peoples Party (PPP) MNA Syed Khursheed Shah's alleged front men, during the hearing of a case pertaining to assets beyond means.

A two-member bench, headed by Chief Justice Ahmed Ali Shaikh and comprising Justice Omar Sial, heard the bail pleas of Muhammad Ikram Gul and Hassan Shaikh and extended their interim bails till 8th October. Additionally, the court also sought details about inquiry into the case from the National Accountability Bureau (NAB).

The counsel for the accused maintained before the court that NAB had sent call-up notices to the owners of Khan Brothers and Umar Jan Company. He said that both the accused had appeared before the NAB's investigation officer, who asked them only two questions. According to the accused's counsel, both the questions were about being the front men of Khursheed Shah and the standard and quality of roads constructed by them.

He argued that if the accused were accused of being Shah's front men, then the question regarding the quality of construction was irrelevant. But, if the accused had to be questioned on the quality and construction of roads, then allegations of them being Shah's front men are baseless, he added. He said that all roads have been constructed as per the required standard.

Justice Shaikh asked who was responsible for checking the quality of work of these companies. To this, the NAB prosecutor replied that a team, headed by a superintendent engineer, was observing their quality and standard.

The court ordered the NAB to submit details about the posts, degrees and experiences of those who checked the standard and quality of the roads.

Recount of votes

During another proceeding on Friday, SHC announced the verdict on three petitions seeking recounting of votes. The pleas sought the recount on one National Assembly seat and two provincial assembly seats.

A two-member bench of the SHC heard the pleas and announced its decision in written. The written decision consists of 18 pages.

In its decision, the court dismissed Sharif's petition against Vawda, overruled a petition moved by PML-N leader Saliheen against PTI MPA Malik Shahzad Awan and dismissed the petition filed by Nusrat Anwar against PTI MPA Muhammad Abbas Jafri.

Illegal land allotment

In another case, the bench comprising Justice Ahmed Ali Shaikh and Justice Omar Sial gave extension to former federal minister Kamran Michael's counsel for filing an amended bail plea over a reference pertaining to corruption in Karachi Port Trust (KPT) Cooperative Housing Society.

Addressing Micheal's counsel, the court remarked, "You have challenged the accused's remand in your petition and bail cannot be granted on the basis of this plea."

The court adjourned the hearing till October 16.

The same bench also dismissed the bail pleas filed by the former secretary of KPT Cooperative Housing Society, Gulab Khan, who is a co-accused in the case.

According to NAB, 16 plots were illegally allotted at extremely low prices in the KPT Cooperative Housing Society and Michael received Rs110 million as bribe for the allotment of three commercial plots.

Iqama case

Meanwhile, the bench comprising Justice Mazhar and Justice Faisal adjourned the hearing of pleas filed against PPP leaders Faryal Talpur, Manzoor Wassan, Nasir Hussain and Sohail Anwer Sial for holding Iqamas. The court adjourned the hearing till October 18 on the counsels' request.

So far, arguments by parties who filed petitions against PPP leaders Talpur and Sohail have been completed.

The pleas maintained that Talpur is time and again released from the prison on pretext of production in the Sindh Assembly and Sohail's Iqama is valid till 2019.