KARACHI: The Sindh High Court (SHC) on Thursday directed the Sindh Building Control Authority (SBCA) that sealing the dental clinic of former president Dr Arif Alvi should not be carried out without due process of law as the step would be illegal.
A two-judge constitutional bench of the SHC headed by Justice Mohammad Karim Khan Agha also asked the SBCA or any other relevant bodies to comply with those directives.
The former president’s wife Samina Alvi and son Awab Alvi had approached the SHC and submitted that they had owned a dental clinic in the Sindhi Muslim Cooperative Housing Society, which had been functional for over three decades and complying with all regulatory, healthcare and legal guidelines.
They asserted that initially, the SBCA without serving any prior notice had unlawfully sealed the subject premises in October last year.
The counsel for the petitioners, Ali Tahir, argued that in November, the SHC had set aside the initial sealing order of the SBCA and asked the petitioners to approach the authority for the regularisation or conversion of the subject premises in accordance with the law.
However, the lawyer also asserted that despite the lapse of sufficient time, the SBCA had not passed any order on the application of the petitioners for conversion of the subject property and the same was referred to the appellate committee which lacked jurisdiction in the subject matter.
The petitioners expressed the apprehension that such deviation from judicial orders was being orchestrated to politically victimise the petitioners as the SBCA was operating under the control of the ruling party in the province.
They also asked the SHC to declare that the sealing of the subject premises should not be carried out without due process of law as the action would be illegal, unlawful and void ab-initio.
While disposing of the petition, the bench directed the SBCA or any other relevant authority to comply with the main prayer clause of petition.
Published in Dawn, March 7th, 2025