SHC warns of contempt proceedings against KBCA

Notice issued to chief controller of buildings for KBCA asking for an explanation of his disobedience of court orders.

KARACHI: The Sindh High Court (SHC) issued notice to the chief controller of buildings for the Karachi Building Control Authority (KBCA) on Thursday, asking for an explanation of his disobedience of court orders.

Warning of contempt proceedings against the KBCA chief, Manzoor Qadir, an SHC division bench comprising Justice Amir Hani Muslim and Justice Syed Hasan Azhar Rizvi stated, “If the court is not persuaded with the proposed explanation of the chief controller then charges will be framed against him at the next date [of hearing].”

The bench was hearing a petition seeking the cancellation of electricity theft proceedings initiated against a builder by the Karachi Electric Supply Company (Kesc). Petitioner Muhammad Rizwan Siddiqui said that he was a middleman between builder Haji Mirza Afzal Baig and the KESC on the issue of alleged outstanding electricity bills.

Baig had initiated residential and commercial buildings under a project, Sanaullah Autos, on plot no. 17 BS in Block-21, Federal B Area. According to Siddiqui’s counsel, KESC management had a dispute with the builder over the payment of dues for supplying electricity to the 360 flats and shops that came under the project. Siddiqui was trying to coordinate the dispute between the two parties, when KESC iniated power theft proceedings against  both the builder Haji Afzal Baig and petitioner Rizwan Siddiqui. KESC registered FIR No 33/2010, against them.

The counsel said that the case was false and he asked the court to quash the proceedings lodged at the KESC police station.

On August 28, the SHC summoned the chief controller so he could justify why a project without electricity arrangements was waved through by the KBCA and on which terms had the builder allotted these flats. However, nobody on behalf of KBCA showed up in court on the assigned date.

The SHC division bench said that KBCA had been summoned thrice since Thursday morning but no representative or counsel from the organisation had bothered to reply or show up in court. The judges ordered that the KBCA chief controller must appear in court and explain himself otherwise they might initiate contempt-of-court proceedings against him.

“A notice may be issued to Prosecutor General Sindh for September 28, 2010,” added the judges.

Published in The  Express Tribune, September 3^rd, 2010.