SHC orders to file reference against illegal land allotment in Kashmore

Issues notices on plea seeking formation of JIT to probe PPP ministers providing patronage to criminals

KARACHI: The Sindh High Court (SHC) directed the National Accountability Bureau (NAB) on Tuesday to file a reference pertaining to the illegal allotment of land in Kashmore-Kandhkot District.

Expressing annoyance over the delay in filing the report, a two-member bench, comprising SHC Chief Justice Ahmed Ali Shaikh and Justice Omar Sial, also ordered the anti-graft watchdog to submit a report after filing the reference.

"Where shall the people go when land reserved for colleges and hospitals [continues] to be illegally occupied," remarked Justice Shaikh at the hearing, adding that now only court's land was left to be occupied.

Following this, NAB officials submitted a progress report to the court. According to the report, NAB has completed inquiry against mukhtiarkar Abdul Ahmed Kato and other accused and has prepared a report. The accused are involved in the illegal allotment of state land through fake entries and caused a loss of at least Rs175 million to the national exchequer, the report states.

At this, the court rebuked the NAB officials for submitting a report at every hearing but failing to take any concrete steps towards taking the offenders to the task. It directed them to now submit a report after filing a reference against the accused at the next hearing on February 18.

Plea against PPP ministers

Another two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed, issued notices to provincial ministers Saeed Ghani and Imtiaz Shaikh, Sindh Inspector General of Police Dr Syed Kaleem Imam, Shikarpur SSP Dr Rizwan Ahmed Khan and other relevant officials on a plea seeking the formation of a joint investigation team (JIT) to investigate allegations of Ghani and Imtiaz providing patronage to criminal elements.

According to petitioner Iqbal Kazmi, SSP Rizwan released reports about Imtiaz and Ghani, alleging the two of providing support to criminals. Citing the report, the plea states that Shaikh heads a criminal wing, which he uses against his opponents, and provides shelter to criminals at his guest houses, farms, fuel stations and shops, adding that call records of Shaikh's brother and son prove that they too are in touch with criminals. As per the plea, the report also accuses Shaikh of influencing police appointments.

In a separate report, the SSP informed the higher-ups about Saeed Ghani's brother, Farhan Ghani providing patronage to drug dealers in Chanesar Goth, the plea further mentions.

The petitioner has moved the court to order the Election Commission of Pakistan (ECP) to declare the ministers ineligible to hold seats in the assembly and seeks the formation of a JIT to investigate the accusations levelled against the two.

However, the government lawyer contended the plea, stating that there were separate laws for forming a JIT and declaring ministers ineligible to hold seats in the assembly. He accused the SSP of "leaking an intelligence report and the issuance of orders for his transfer," adding that "an FIR should be registered against him for this reason."

The court, however, inquired what action was taken against the SSP for leaking the report. The counsel for the government maintained that making a report public without the approval of relevant authorities was a violation of the law.

Issuing notices to provincial ministers Saeed Ghani and Imtiaz Shaikh, Sindh Inspector General of Police Dr Syed Kaleem Imam, Shikarpur SSP Dr Rizwan Ahmed Khan and other relevant officials, the court sought their replies on the matter by March 18.

Reserved seats for women

The same bench sought written replies from all bar councils and associations, regarding the reservation of seats for women in bar associations.

During the hearing, Advocate Afroze maintained that male lawyers refrained from casting votes to female candidates.

Conceding that female lawyers were thrice elected in Karachi Bar Association polls, Afroze, at the same time, contended that none of them were elected to serve on high posts. She appealed to the court to reserve seats for women candidates in bar associations.

The court, however, observed that doing so would be in violation of ensuring equal rights for all lawyers.

“Are not we entitled to any rights then?” Afroze argued. She insisted that seats be reserved for women in bar associations as they were reserved in assemblies.

Concluding the hearing, the court sought written replies from bar councils and associations on the matter. 

Published in The Express Tribune, February 12^th, 2020.