SHC rules DNA test must for unclaimed bodies

PTI moves court for local govt elections, apolitical city administrators

KARACHI:

The top court of the province on Monday ordered conducting DNA tests on all unclaimed bodies in the province. Hearing a petition seeking the recovery of Faizan Soomro, who has been missing for the past five years, a two-member bench of the Sindh High Court issued this directive.

During the hearing, the investigating officer (IO) informed the bench, comprising Justice Muhammad Iqbal Kalhoro and Justice Fahim Ahmed Siddiqu, that the whereabouts of Soomro, who went missing on February 25, 2016, could not be traced.

The IO said the police need further time to take DNA samples of Soomro's close relatives.

The bench inquired why there was no standard operating procedure in place regarding DNA of missing persons. The home secretary should appear before the court and assist it in this matter, remarked the bench.

The court directed DNA testing on unclaimed bodies found across Sindh and issued a notice to the home secretary in this regard. Besides, the bench sought a report from the Khyber Pakhtunkhwa government.

Separately, the bench disposed of a similar petition regarding the disappearance of Sajjad Kandhro after the disappearance of his father four years ago. Kandhro was recovered 25 days later and reached the court and the bench disposed of the plea seeking his recovery.

LG polls

Separately, the leadership of Pakistan Tehreek-e-Insaf's (PTI) Karachi chapter approached the SHC for the immediate conduct of local government elections in Sindh and the appointment of non-political administrators.

The PTI filed a constitutional petition in which it contended that the provincial government had dissolved the local bodies in August 2020 after their tenure expired and as per the Constitution of Pakistan it was bound to hold new elections within 120 days. However, despite the passage of a year, it has yet to do so.

Speaking to the media outside the court, PTI leader Khurram Sher Zaman said they had filed a constitutional petition before the SHC for local bodies' elections in the province as soon as possible under Article 140A.

Under Article 140A, the provincial governments are required to hold local elections within 120 days. The main reason for the Pakistan Peoples Party-led Sindh government's delay in holding the polls is the fear that PTI will emerge victorious, said Zaman. He claimed that his party's MNAs had solved many problems of Karachi by spending Rs9.9 billion in development funds in the past two years.

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He added they were sure that the SHC would hear their petition keeping in view the problems of the people of Sindh.

The petition took the position that an impartial administrator should be appointed till the local government elections are held. The provincial government should be prevented from appointing people with political affiliations as administrators, the party has argued.

"Karachi is the largest city in the country, PTI rules here," Zaman boasted. He said that PPP is afraid that PTI will win from Karachi, therefore it has appointed deputy commissioners who serve the political interests of the PPP rather than the people of the city who remain deprived of basic amenities like water.

Contempt notice against CBC, DHA

Meanwhile, the SHC heard a petition pertaining to urban flooding in areas within the limits of the Cantonment Board Clifton (CBC) and Defence Housing Authority (DHA), despite the collection of heavy taxes from citizens.

A two-member bench, comprising Justice Muhammad Shafi Siddiqui and Justice Agha Faisal, directed the parties to submit a detailed reply within two weeks on the contempt of court petition filed against the CBC CEO and the DHA administrator regarding the risk of urban flooding in Clifton and DHA during rains.

The counsels for CBC and DHA submitted a response, but the court expressed dissatisfaction and returned the reply, remarking that the officers who were issued notices should submit the same reply.

The court remarked that if the reply was not submitted, contempt action would be taken against those responsible. Justice Siddiqui said there was forecast of more rain in Karachi. He asked if the answer would be submitted after the end of the rainy season. The court ordered the parties to submit a detailed reply within two weeks.

The petitioner has contended that Clifton and DHA residents are charged billions of rupees in taxes annually yet these areas suffer flooding during rains. The petition seeks an inquiry into where the tax money is spent.

Hearing adjourned

The bench comprising Justice Kalhoro and Justice Siddiqui adjourned the hearing of the case against Sindh Assembly Speaker Agha Siraj Durrani pertaining to assets beyond means and misuse of powers on the request of the National Accountability Bureau prosecutor.

The NAB prosecutor said that the inquiry is ongoing and further investigation is needed.

The court adjourned the hearing till August 16 after the NAB prosecutor's reply.

The petition stated that the NAB had filed a reference against Agha Siraj Durrani. Call-up notices were issued to the petitioners regarding the same reference. Call-up notices issued to Zulfiqar Ali Dahar and Shamshad Khatun should be declared null and void, it pleaded, arguing that one allegation could not have two inquiries.

Published in The Express Tribune, July 27^th, 2021.