KARACHI, Jan 30: The Sindh High Court asked a petitioner on Wednesday to approach the environmental protection tribunal first against the health hazards created by an ice factory near his residence.
Petitioner Sarfraz Khan submitted in person that he lived in the Ranchhore Lines residential area, where many small factories and workshops were polluting the atmosphere and creating health hazards. He said factories could not be set up in residential area. He named an ice factory as the main culprit and requested the court to direct the authorities concerned to shift it away.
Appearing for the respondent factory, Advocate Raza Hashmi argued that the petitioner could not agitate the issue in the high court’s writ jurisdiction as the law had provided a remedy against polluting concerns. He should move the tribunal established under the Environmental Protection Act, which would determine whether an offence was being committed by the factory and its owner. If he were aggrieved by the tribunal’s decision, he could move the high court as provided by the law.
A division bench comprising Justices Azizullah M. Memon and Arshad Noor Khan asked the petitioner to move the tribunal first.
Notice to NAB
Another division bench consisting of Chief Justice Mohammad Afzal Soomro and Justice Khwaja Naveed Ahmed issued a notice to the National Accountability Bureau in a petition moved by Raja Zaraat Khan, chairman of the Bawan Shah Group of Companies who is facing trial for claiming illegal sales tax rebates amounting to millions of rupees on fake exports.
Advocate Hashmi submitted on his behalf that the NAB and its investigation officer were trying to initiate another reference based on the allegedly questionable transactions already under accountability court scrutiny. He said no new reference could be instituted under the NAB Ordinance or the Code of Criminal Procedure involving an offence pending trial.
The bench constituted by Justices A.M. Memon and A.N. Khan directed the provincial food department to supply 3,000 bags of wheat to Jahangir Flour Mills, Rohri, pending hearing of its petition against cancellation of its wheat quota.
Prosecutors’ recruitment
A division bench consisting of Justices Qaiser Iqbal and Mahmood Alam Rizvi asked the SHC office to recall identical petitions against recruitment to the prosecutor-general’s office from circuit benches for a consolidated hearing at the principal seat.
The order was passed in a petition moved by Amir Ali Kehal, deputy public prosecutor. He submitted through Advocate Mansoorul Haq Solangi that he was enrolled in 1997 and was already officiating as district public prosecutor in grade 19 but his application for the post was rejected by the Sindh Public Service Commission.
The bench issued notices to the advocate-general, the prosecutor-general and the public service commission in all identical petitions pending before the high court.
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