SHC seeks replies from Askari Park authorities, mayor

Petitioner argues against commercial activity on the premises, safety risks at park

KARACHI: The Sindh High Court (SHC) directed the administration of Askari Amusement Park and Karachi Mayor Wasim Akhtar on Tuesday to submit their replies regarding commercial use of the park within four weeks. A two-member bench comprising Justice Syed Hassan Azhar Rizvi and Justice Kausar Sultana was hearing the plea against the commercial use of Askari Amusement Park.

The plea states that the rides at the park pose a risk to the lives of citizens as they are badly maintained. It argues that the removal of greenbelts from the parks' premises and the use of the space for commercial activities is illegal. The plea refers to an incident in the park in 2018 when a swing collapsed resulting in the death of a 12-year-old girl and injuries to several others. It argues that space of 300 yards should be left vacant as a safety measure. The plea further states that the park management has no proper first-aid facilities to tend to people in case of an emergency.

SHC grants extension to submit replies on commercial use of Askari Park

The park administration and Akhtar asked the court for an extension to submit their replies. The bench granted a four-week extension and adjourned the hearing indefinitely. The court also sought documents of a non-governmental organisation (NGO) from the petitioner. At the previous hearing of the case, the police and the deputy commissioner had submitted their report before the court.

Fake domiciles case

Another two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal, sought a reply from the National Database and Registration Authority (NADRA) with regards to the issuance of fake domiciles. The court also summoned Federation Director Chaudhry Muhammad Farooq for assistance. The bench was hearing the plea filed by MQM-P leader Khawaja Izharul Hassan against the issuance of fake domiciles.

Hassan and others appeared before the court. The former Katchi Abadis director maintained that the federation should be made party in the case. At this, the bench inquired whether the federation had been nominated as a party in the plea. Hassan replied that his plea has no connection to the Centre.

The bench observed that domicile was a provincial issue and asked what connection the Centre had with the plea. There is no opponent in the plea as everyone agrees that fake domiciles should not be issued, remarked the bench.

The court sought a reply from NADRA, summoned Farooq, and adjourned the hearing till January 17.

Extension granted

Meanwhile, a two-member bench comprising Justice Iqbal Kalhoro and Justice Abdul Mobin Lakho granted an extension to the petitioner's counsel to file an amended plea pertaining to the cancellation of the accused's bails in Naqeebullah murder case.

The bench was hearing the petition seeking cancellation of bail of former Malir SSP Rao Anwar and other accused in the case. The petition maintained that the subordinate court had overlooked several legal aspects while granting bails.

The petitioner's counsel sought an extension from court to file an amended petition on the grounds of Naqeebullah's father's - the petitioner - death.

The court accepted the counsel's request and adjourned the hearing till January 13.

Non-payment of pension

Another bench comprising Justice Muhammad Shafi Siddiqui and Justice Dr Zulfiqar Ahmad Khan summoned the finance director of Karachi Development Authority (KDA) in the case pertaining to non-payment of pension to KDA employees.

The petitioner's counsel, Advocate Shoaun Nabi, maintained that his client has not been paid pension since he retired. The counsel told the court that his client had served in KDA in Lines Area for 35 years.

The bench expressed annoyance over the absence of the KDA's counsel and asked what became of the authority's funds. The provincial assistant advocate-general stated before the court that KDA's funds have been spent. At this, the bench remarked that this was not the court's concern.

The court summoned KDA's finance director in a personal capacity and issued notices to the parties. The hearing was adjourned till the first week of January.

Damages claim for 'wrongful' imprisonment

Separately, a citizen who spent four years in jail, allegedly because he was mistaken for Lyari-based gang member Baba Ladla, filed a damages claim in the high court. The petitioner, Baba Noor Muhammad, has sought Rs5 million from the police and the Karachi Electric Supply Company (KESC - now known as K-Electric) in damages.

The petitioner has claimed that he was arrested in 1998 as the police believed he was Baba Ladla and six cases were registered against him. He states that he was acquitted by the court in all of the cases but KESC never restored his employment. He argues that he should be compensated for the four years he spent in jail and mentions that he has nine children.

His counsel, Advocate Shoaun Nabi, maintained before the court that it was the incompetence of the police and other agencies, which resulted in the citizen being mistakenly arrested as Baba Ladla.

Sentence commuted

Meanwhile, a two-member bench comprising Justice KK Agha and Justice Zulfiqar Ali Sangi, commuted the death sentence awarded to a convict in a murder case. The sentence was commuted to 15 years of rigorous imprisonment.

Announcing the verdict, the court stated that the time already spent in jail by convict Bilal would be counted as part of his imprisonment.

Enquiry report censures Askari Amusement Park management

A subordinate court had awarded the death sentence to Bilal in the murder case of citizen Waseem, who was killed in 2011.

Bails confirmed

Another bench headed by SHC Chief Justice (CJ) Muhammad Ali Shaikh and comprising Justice Omar Sial confirmed the interim bails of Muttahida Qaumi Movement-Pakistan (MQM-P) leader Rauf Siddiqui and other accused in the case pertaining to illegal appointments in Sindh Small Industries Corporation.

The verdict on the bail pleas of Siddiqui and eight other accused, including Muhammad Abid Mushtaq Ali, Omar Bakhsh, Syed Omar Ali, Muhammad Naeem and Syed Ayaz, had earlier been reserved by the bench. Sarwat Fahim, co-accused in the case, had already been granted bail.

According to the National Accountability Bureau (NAB), Siddiqui and others made illegal appointments in the Sindh Small Industries Corporation from 2008 to 2014, causing losses to the finance department.

Published in The Express Tribune, December 18^th, 2019.