SHC restrains police from arresting CBC protesters

Sindh High Court asks police to continue the probe into the case


Our Correspondent September 10, 2020
Residents of DHA chant slogan as they gather outside CBC office to protest against the failure to fix drainage problems on August 31, 2020. PHOTO: AFP

KARACHI:

The Sindh High Court (SHC) restricted on Wednesday the police from taking legal action against the citizens booked for protesting outside the Cantonment Board Clifton's (CBC) office after torrential rain flooded Clifton and Defence Housing Authority (DHA).

A two-member bench, comprising Justice Muhammad Iqbal Kalhoro and Justice Shamsuddin Lakho, was hearing a plea challenging the registration of the FIR against the protesters.

The petitioner's counsel maintained that DHA residents had faced extreme inconvenience due to the rainwater accumulated in the area, with roads submerged in rainwater for several days and the residents sustaining losses as well.

He claimed that the residents had staged a peaceful protest and the CBC administration had assured them the matter would be resolved. Instead, he added, several residents were nominated in a case by the CBC.

"Every citizen has the right to protest but the registration of the case against protestors is an act of revenge," he claimed.

The court directed the police to continue the investigation, restrained them from arresting those nominated in the case and sought replies from the parties over the plea on September 24.

Appointments of assistants, advisors

Meanwhile, a separate two-member bench, comprising Justice Mohammad Ali Mazhar and Justice Yousuf Ali Sayeed, sought the copies of previous verdicts pertaining to the appointments of the Sindh chief minister's (CM) advisers and special assistants from the petitioner.

The court was hearing a plea challenging the appointments of advisers and special assistants to CM Murad Ali Shah.

The petitioner maintained in the plea that these advisers and special assistants attended the cabinet meetings, which was a violation of the Official Secrets Act.

He claimed that Murtaza Wahab, Aijaz Jakhrani, Nisar Khuhro, Waqar Mehdi and other advisers and special assistants were using authorities and privileges similar to those granted to elected representatives, even though only the latter were entitled to such perks.

The plea moved the court to cancel their appointments and take back all government-provided perks from them. He further claimed that the SHC had previously cancelled the appointments of advisers and special assistants in the provincial government too.

Justice Mazhar remarked that a case challenging the relevant SHC verdict was under trial in the Supreme Court.

The court sought the copies of the previous SHC verdicts pertaining to the appointments of the Sindh CM's advisors and special assistants from the petitioner.

 

Revealing information

Meanwhile, another bench, consisting Justice KK Agha and Justice Zulfiqar Ali Sangi, issued notices to the National Accountability Bureau (NAB) and other parties over a plea against the alleged revelation of information during investigations.

The bench was hearing a plea filed by the Sindh Culture, Tourism and Antiquities Department director-general Roshan Ali Kanasro, where his counsel claimed that the exposure of information during investigations raised questions about the probes' transparency.

He claimed that revealing information during such investigations was against the NAB's code of conduct and ethics, moving the court to restrict the anti-graft watchdog from leaking secret information.

The court issued notices to NAB and other parties and sought replies from them on October 28.

Judge's reappointment

The bench comprising Justice Mazhar and Justice Sayeed further adjourned the hearing of a plea challenging the reappointment of Justice Shehrbano Karim in the NAB court.

The petitioner's counsel stated that the decision regarding Justice Karim's service extension was made two months ago, with SHC Chief Justice (CJ) Ahmed Ali Shaikh recommending her reappointment. He claimed that the president and federal cabinet's approval had not been taken.

Claiming her reappointment was illegal according to the NAB Ordinance and Constitution, he moved the court to restrict her from serving as the judge in the NAB court.

The court adjourned the hearing till September 29, directing the counsel to continue arguments at the next hearing.

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