MPAs’ suspension over dogbite cases challenged

KARACHI:

The provincial government challenged on Friday the Sindh High Court Sukkur bench's order suspending the membership of MPAs Faryal Talpur and Malik Asad Sikandar, elected to the Sindh Assembly from Ratodero and Jamshoro districts, respectively, over a case pertaining to dog-bite incidents in their constituencies.

Expressing reservations on the court order, Sindh Advocate-General (AG) Salman Talibuddin accused Justice Aftab Ahmed Gorar of overreaching his powers. The government lawyer termed the Sukkur bench's judgment, ""unconstitutional, illegal and without jurisdiction".

In its letter to SHC Chief Justice Ahmed Ali Shaikh, the Pakistan Peoples Party-led Sindh government expressed a lack of confidence in Justice Gorar and maintained that the judge was exhibiting "judicial adventurism" and interfering in the functioning of government, which the AG maintained was beyond his powers.

Read: SHC suspends Talpur’s PA membership

Referring to an order of the Supreme Court dated January 27, 2021, Talibuddin contended that high courts do not enjoy suo moto jurisdiction under Article 199 of the Constitution of Pakistan. Citing the apex court's judgment, Talibuddin wrote, "Judicial overreach is when the judiciary starts interfering with the proper functioning of the legislative or executive organs of the government."

He argued that "such unconstitutional, illegal and without jurisdiction orders" have been passed by different Sukkur benches led by Justice Gorar in other petitions pertaining to the Sindh government.

Based on this, the AG contended that the provincial government "no longer feels that it can be treated fairly, justly and in accordance with the law" by any bench of which Justice Gorar is a member.

The Sindh government lawyer moved CJ Shaikh to transfer the petition pertaining to dog-bite cases and another one pertaining to locust attacks from Sukkur to Karachi and bar Justice Gorar from hearing any case in which the provincial government, its departments or officers are nominated as parties.

"... dog bite cases are not being properly controlled which is alarming," read the order issued on Thursday by the SHC Sukkur bench, comprising Justice Gorar and Justice Fahim Ahmed Siddiqui.

Referring to cases in Ratodero and Jamshoro, the bench stated the MPAs of these constituencies could not be absolved from their obligation towards their electorate and were responsible for their safety.

"The remaining members of the provincial assembly are once again directed to supervise the drive against the ongoing dog-bite cases, and ensure that in future no dog-bite case happens," read the order.

Acquitted in NICL graft reference

Meanwhile, a two-member bench, comprising Justice Muhammad Iqbal Kalhoro and Justice Kausar Sultana, acquitted former member of NICL board of directors Hur Rihai Gardezi and annulled his conviction in a graft reference.

An accountability court had convicted Gardezi and other accused in 2018 and sentenced them to seven years in prison for their involvement in the embezzlement of NICL funds, causing a combined loss of over Rs400m to the national treasury.

The convicts were also declared unfit to hold any public office for 10 years. An accountability court had earlier rejected Gardezi's plea seeking acquittal.

According to the National Accountability Bureau, Gardezi bought shares for higher prices and caused a loss of Rs67m to the finance department.

Read more: Continue measures to curb stray dogs, DMCs told

Video conferencing facilities

Separately, the SHC directed the relevant authorities to ensure the availability of video conferencing facilities in subordinate courts over a plea seeking swift conviction in rape cases.

The petitioner's counsel, Barrister Muhammad Vawda, informed a two-member bench, led by Justice Muhammad Ali Mazhar and comprising Justice Amjad Ali Sahito, that most subordinate courts do not have video conferencing facilities.

Providing such facilities would not be too costly and it could be easily done using the Sindh prosecutor general’s funds, observed the bench.

Upon the court's inquiry, a member of the SHC's inspection team said the facilities have been provided in some courts but another Rs25 million is required for the provision of these facilities in the remaining courts.

The petitioner's counsel further said that Rs13m has been sought to ensure video conferencing facilities for a court in Sanghar. Following this, the bench directed the relevant authorities to do what was required and ensure that video conferencing facilities in subordinate courts are linked with prisons as well.

The court sought a report in this regard from the Sindh information technology department.