SHC raises question on performance of SBCA

Remarks the Authority allows illegal construction and then shies away from taking action

KARACHI:

The Sindh High Court (SHC) has once again raised questions on the performance of Sindh Building Control Authority (SBCA).

A two-member bench headed by Justice Syed Hassan Azhar Rizvi heard the petition regarding illegal constructions in Sindhi Muslim Society and other areas.

Justice Rizvi remarked that illegal construction of portions and appartments has destroyed a posh area like Bahadurabad.

"SBCA is not doing anything in the city. illegal portions are being constructed all over the city. The SBCA allows illegal constructions and then shies away from taking any action," Justice Rizvi remarked.

The court got angry with SBCA for not following its orders. The court remarked that SBCA was not doing anything. "Nothing can happen without the involvement of your staff. You are playing with show cause notices," the court remarked, adding that the SBCA was only taking cosmetic measures. The court directed the SBCA counsel to submit a comprehensive reply.

Meanwhile, the same bench heard another petition against construction of commercial buildings and portions on residential plots in 5D Nazimabad.

The petitioner's counsel contended that illegal constructions were being carried out on many plots including Plot 20/6. Complaints were lodged in the SBCA but no action was taken.

The court remarked, if the petitioner demands money from the builder or withdraws the petition or cut a deal, the court will take action.

The court stopped the builder from constructing illegal portions. The court also barred provision of gas, electricity and water connections to the portions. The court directed the sub-registrar not to issue sub-lease of portions. The court directed the director SBCA Central to submit an implementation report.

Plea rejected

The Sindh High Court has rejected the plea of an accused in the case of throwing acid on his wife and injuring her during a domestic dispute and upheld the sentence.

A two-judge bench headed by Justice KK Agha passed the verdict in the case of throwing acid on a woman in a domestic dispute. The court rejected Munir's appeal and upheld his sentence.

The court ruled that there was evidence against the accused and the appeal could not be accepted.

Read More: SBCA again draws SHC’s ire

The public prosecutor had argued that the trial court had sentenced Munir to 14 years imprisonment in 2020.

Accused Munir had thrown acid on his wife's face, leaving her injured. According to police, a case has been registered against the accused in Shah Latif Town police station.

Rangers operation at
Nine Zero

The Sindh High Court sought reasons from the prosecutor and special public prosecutor on the government's appeal to increase the sentences of the suspects in connection with the Rangers operation at MQM Headquarters Nine Zero and Khurshid Memorial Hall.

A bench headed by Justice Muhammad Iqbal Kalhoro heard the government's plea to increase the sentences of the suspects in connection with the Rangers operation at MQM Headquarters Nine Zero and Khurshid Memorial Hall.

The prosecutor stated that the suspects were arrested by Rangers from Nine Zero and Khurshid Memorial Hall. The anti-terrorism court handed down different sentences to the suspects upon conviction. The punishment of the suspects should be increased.

Justice Kalhoro remarked that how sentence, given. "In 302, if the trial court has reduced the sentence, there are reasons to increase it. What can we do if the convict is sentenced to three years in prison for possession of arms and explosives? Give one reason why the punishment of the suspects should be increased," the court remarked.

The prosecutor argued that the appeals against the acquittal and punishment of the accused were being heard before another bench. Therefore, these appeals should also be transferred to the same bench.

Justice Kalhoro remarked, "We will hear these appeals in this court and decide after hearing them." The court adjourned the hearing till the second week of May, seeking reasons from the prosecutor and special public prosecutor for increasing the sentence.

 

Published in The Express Tribune, April 27th, 2022.

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