KARACHI, Feb 9: The Sindh High Court constituted a committee on Monday to suggest measures for regularisation of small houses constructed by poor people on plots of up to 120 square feet in localities like Landhi and Korangi.
Demolition of a house built by a low-paid employee or a small shopkeeper with his hard-earned savings is no solution, a division bench comprising Justices Amir Hani Muslim and Syed Mahmood Alam Rizvi remarked while recalling its previous order for demolition of some houses in Korangi. The case of a developer raising a commercial complex in a posh area by indulging in violation of building rules stood on a footing different from minor deviations by the builder of a small house in a low-end locality, it said.
The bench appointed a committee comprising Additional Advocate-General Sarwar Khan, Karachi Building Control Authority counsel Shahid Jamil Khan and a couple of other lawyers to suggest measures to lessen the rigours of law for poor house builders and submit a report within a month.
Election stayed
Another division bench consisting of Justices Khilji Arif Hussain and Arshad Noor Khan stayed the annual polls of All Pakistan Security Agencies Association scheduled for February 10 (Tuesday).
On a petition moved by some security agencies through Advocate Mohammad Ali Abbasi, the bench asked the election committee or the administrator of the association to prepare a fresh list of voters in accordance with the advice issued by the director-general of directorate of trade organizations of Dec 22, 2008. All the members should be given 15 days to clear their outstanding dues. A final list of members or voters should be published after the expiry of the 15-day deadline. The final list should contain the names of all the members who had paid their dues. A new election schedule should be announced within seven days of the publication of the list.
Advocate Abbasi said at least 23 members of the association were disenfranchised when the association’s election committee finalized a list of voters and scheduled the poll for Feb 10. The members were not issued any notice nor informed that their names would be omitted from the voters’ lists if they failed to clear their dues or meet any other requirement. As against the total membership of 116, the list declared only 93 voters. The decision violated the petitioners’ rights besides DTO guidelines.
Transfer order suspended
The bench also suspended the health department’s order for transfer of Dr Abdul Razak Shah, a grade 20 director of the malaria control programme, Hyderabad.
The petitioner submitted through Advocate Mohammad Nawaz Shaikh that he was due to retire within 50 days. In violation of the settled policy, the health department not only transferred him but appointed a grade 19 officer, Dr Mrs Naheed Jamali, to take charge from him. He said he was living with his family in Hyderabad, where his children were also admitted to colleges and schools. He had served in his present posting only for 10 months and was due to retire in April.
Issuing notices to the health department for Feb 13, the bench suspended the impugned order of January 22.
Copyright board
The bench asked the newly-constituted copyright board to decide the rectification application of M/s Hilal Confectionary Limited against the registration of ‘Hilal Aamrus Candy’ and ‘Hilal Choran Chutni’ by M/s Haroon Confectionary under the Copyright Ordinance. The petitioner concern submitted through Advocate Ziaul Haq Makhdoom that the registration infringed its trade mark but the copyright board was non-existent since 2005.
The bench was informed that a board comprising former justice S.A. Rabbani (chairman) and five members had since been constituted as required by the law. Disposing of the petition on Jan 29, the bench asked the board to decide the petitioner’s application within 60 days.
Bail refused
Chief Justice Anwar Zaheer Jamali, meanwhile, dismissed the bail-before-arrest applications of Ghulam Rasul Unnar, Abdul Hafeez and Imtiaz Ali. They are allegedly involved in the murder of Abdul Rasheed Leghari, secretary-general of the Sakrand taluka PPP, on February 8, 2008.
Opposing the applications, Assistant Advocate-General Adnan Karim Memon submitted that the investigation officer had weakened the prosecution case by committing a number of irregularities and let off the accused for lack of evidence. He said the investigation flaws had since been rectified and a charge-sheet submitted against the accused. They would further hamper investigations and influence the outcome of the case if granted bail before arrest.
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