SHC seeks arguments on legality of PIDA

AGP maintains citizens’ petitions can’t resolve issue

KARACHI:

Amid increasing heat surrounding the Pakistan Islands Development Authority (PIDA) Ordinance 2020, the Sindh High Court has issued notices on Friday to the Centre, Sindh and the counsels of the petitioners directing them to prepare arguments on the legalities of the matter.

A two-member bench comprising Justice Muhammad Ali Mazhar and Justice Arshad Hussain Khan heard the petitions challenging the Ordinance promulgated by the federal government. Along with advocate Shahab Usto’s petition, two more petitions have been filed against PIDA, advocated by Bilal Nabi Malik and Jibran Nasir.

Representing the federal government Attorney General Khalid Javed, and on behalf of the provincial government Sindh Additional Advocate General Shehryar Mahar, and others appeared before the court.

“Federal boundaries begin after 12 nautical miles in the sea,” maintained Nasir.  Mangroves will be badly damaged through construction work, he argued.

Despite the issuance of the court’s notice, the federation has issued two more advertisements, said Usto.

In response, AGP Javed maintained before that the matter cannot be resolved through petitions filed by citizens. The Sindh Assembly has passed a resolution against this Ordinance and we respect it, he said.

According to Javed, the Centre is not doing anything outside of the law. “The issue of the environment and mangroves is important and we are looking into it. No construction work is beginning any time soon,” he maintained.

The AGP further told the court that the federal government is in contact with the provincial government and maintained that work will be carried out with mutual cooperation. “Whatever is done will be done after taking the provincial government into confidence,” he assured.

However, representing the Sindh government, Mahar informed the court that the provincial government has expressed its views but it is not being taken into confidence with regards to any work. The provincial assembly has passed a resolution against the Ordinance, he said.

Javed repeated that the Centre would work in collaboration with the Sindh government and said that the Ordinance will be amended if needed.

The federal government will satisfy the province on its reservations, maintained the AGP, adding that the environment and mangroves will be protected in any case.

Not satisfied, however, the court issued notices to the parties directing them to prepare arguments on legal clauses regarding the Ordinance.

At the previous hearing of his petition against PIDA, Usto had argued that the Ordinance was promulgated in violation of Articles 1, 97 and 172 of the Constitution of Pakistan. After the 18th Amendment, the area within 12 nautical miles belongs to the province, he had argued. Both the islands along the coast of Karachi are located within this distance and belong to Sindh, Usto had maintained before the court.

Cop acquitted

Meanwhile, a two-member bench comprising Justice KK Agha and Justice Amjad Ali Sahito acquitted policeman Ghulam Ismail in the case pertaining to extra judicial killing of a citizen after 21 years.

The court acquitted Ismail and rejected the plea of the victim’s family to sentence the policeman to death.

Ismail had been sentenced to six years in prison and was fined by the trial court in 2002. He was released on bail after spending five years in police custody. The high court ruled on his appeal after hearings which sprawled over 13 years. According to the state prosecutor, the cop had killed a citizen extra judicially in Lyari area.

Verdict reserved

Separately, a two-member bench comprising Justice Muhammad Iqbal Kalhoro and Justice Shamsuddin Abbasi reserved verdict on the plea filed by Pakistan Peoples Party leader Aijaz Hussain Jakhrani seeking removal of his name from the Exit Control List after completion of arguments from the counsels. The verdict is expected to be announced at the next hearing.

During the hearing, the National Accountability Bureau prosecutor argued that there are two inquiries ongoing against Jakhrani pertaining to corruption in Jacobabad highway project and assets beyond known sources of income.

Jakhrani’s counsel argued that there are several cases in which the accused were allowed to travel out of the country during trial. He pleaded before the court that his client, who is also the advisor to the Sindh CM on prisons, has a medical check-up and should be permitted to travel abroad.

*WITH ADDITIONAL INPUT FROM PPI