PHOTO: EXPRESS/FILE
The court rejected the police's report at the outset of the hearing. "You bring a false report, you should be ashamed," remarked the bench.
The court expressed displeasure with the police officials and directed the Super Highway SHO to visit the restaurant and submit another report. The police were also directed to produce the restaurant owner on November 5. The petitioner maintained that sheesha was available at the restaurant despite the Supreme Court's ban.
The court adjourned the hearing till November 5.
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Iqama case
The same bench directed the counsels to complete arguments as soon as possible over the pleas filed to declare MPA Faryal Talpur, provincial minister Nasir Hussain Shah, Manzoor Wassan, and others ineligible based on allegations of possession of Iqama.
Nasir Hussain Shah's counsel, Advocate Muhammad Zubair, maintained that the first Iqama of his client had expired in 2012.
The petitioner's counsel argued that the Emirates ID [issued by UAE's federal authority for identity and citizenship] was valid till 2016 but the details about it were omitted from the nomination papers. The counsel maintained that an Emirates ID was not issued without a permanent visa or employment, adding that the salary received under the ID was not mentioned to the Election Commission of Pakistan (ECP).
Nasir Shah's counsel said that his client held the post of an MPA and provincial minister in 2013. However, the petitioner's counsel said that Nasir Hussain Shah was elected as a provincial minister in 2018.
The court expressed annoyance at this. "How would the case proceed if you keep presenting new documents and counter replies in every hearing?" remarked the bench.
The court adjourned the hearing till November 15 and directed the other counsels to complete arguments soon.
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Alleged torture in prison
Meanwhile, another bench comprising Justice Iqbal Kalhoro and Justice Zulfiqar Ahmed Khan, issued notices to the parties over the plea filed by Fishermen Cooperative Society former chairperson Dr Nisar Morai's wife, Seema Nisar, for the formation of a commission to investigate the alleged torture of Nisar Morai in prison.
Seema's counsel, Advocate Faisal Siddiqi maintained that a commission should be formed to investigate the torture inflicted on Morai in prison. He maintained that Morai's condition was poor as medical facilities were not being provided to him in prison.
Two others who are accused in the case against Morai have been transferred from Malir jail.
The court issued notices to parties to submit their reply and adjourned the hearing till November 12.
Sheesha smoking
Land grabbing
Another two-member bench comprising Justice Syed Hassan Azhar Rizvi and Justice Kausar Sultana Hussain heard former MNA Nabeel Gabol's plea pertaining to illegal occupation on his plot by the University of Karachi (KU). The bench directed Gabol to submit the complete records of the plot in question.
The petition maintains that KU has illegally occupied four acres of land owned by Gabol's mother and the varsity's administration is not vacating the land despite several applications. The petition states that after Gabol's mother's death, the ownership of the land has transferred to Gabol and his siblings.
KU's counsel and the counsel of the revenue department appeared before the court.
Gabol's counsel, Liaquat Ali Khan, provided the copies of the plea to the counsels of the parties nominated in the case.
Gabol's counsel maintained that letters have been written to the East deputy commissioner and all other relevant agencies. However, he said, no reply has been given by the agencies yet. The complete details of the plot will be submitted before the court as soon as the relevant agencies provide the records, he added.
The court directed Gabol to submit the details, including when the plot was allotted to the petitioner's mother and adjourned the hearing of the petition for four weeks.
Published in The Express Tribune, October 19th, 2019.
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