KARACHI, Aug 4: Acting chief justice of the Sindh High Court Justice Azizullah M. Memon Monday granted pre-arrest bail to Larkana Taluka Nazim Qurban Ali Abbasi and issued notices to the prosecutor-general for Aug 18.
Mr Abbasi’s counsel, A.Q. Halepota, submitted in court that the Circle Officer of Anti-Corruption Establishment, Larkana, Niaz Hussain Khajar, lodged an FIR (GO-5/2008) under Sections 409, 467, 460, 440, 477-A, 34 of the Pakistan Penal Code read with Section 5(2) Act-II of 1947 against his client and others at the ACE police station in Larkana.
The FIR stated that Qurban Ali Abbasi in connivance with officials of Larkana talkuka municipal administration had dishonestly and illegally constituted an auction committee under his chairmanship. The body comprising other municipal officials, including that of land department, was formed to auction residential and commercial plots in Sachal Colony.
The counsel said that land worth about Rs80 million was auctioned with the recovery of a very little amount while the remaining amount was to be recovered. However, the ACE police booked Mr Abbasi along with others allegedly as part of political victimisation, the counsel said. He submitted a bail application stating that there were serious apprehensions of the applicant’s arrest by ACE police.
The court granted bail before arrest to the petitioner and issued a notice to the prosecutor-general for Aug 18.—PPI
Recovery law challenged
Advocate Syed Mohsin Imam, meanwhile, challenged the validity of Section 15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, on behalf of M/s Trading Compass (Pvt) Limited, our staff reporter adds.
He submitted that the provision allowed creditor banks to auction the mortgaged or hypothecated properties without the intervention of the court. He contended that the provision was repugnant to Articles 4, 8 and 25 of the Constitution. It permitted the banking institutions to bypass the due process of law and pick and choose from among the defaulting debtors.
The lawyer said the courts looked after the interests of both the decree holder and the judgment debtor in execution of decrees. The execution proceedings are conducted in accordance with the provisions of the civil procedure code. There was no such obligation on the creditor banks under Section 15 of the recovery ordinance, he argued.
A division bench consisting of Justices Ali Sain Dino Metlo and Rana Mohammad Shamim issued a notice to a deputy attorney-general.
Police to produce FIRs
In the petition moved by 40 union council nazims of Thatta, the bench asked the district police to produce copies of first information reports, if any, registered against the petitioners, who allege harassment by the new regime to force them to shift their loyalties from the Shirazi Group.
The petitioners also alleged raids and harassment by anti-corruption officials but the Anti-Corruption Establishment denied making any threats or registering any case. The hearing was adjourned to August 12.
Election petitions
In the petition moved by Engineer Wali Mohammad Rahimo, a candidate of the Pakistan People’s Party, against the election of former chief minister Arbab Ghulam Rahim from PS-60 (Tharparkar), Justice Pir Ali Shah said a notice be sent to the respondent ex-CM by a courier service before service by publication. The hearing was adjourned to August 25.
A petition moved by Dr Fahmida Mirza, since elected speaker of the National Assembly, against the authenticity of the academic certificates of Syed Ali Bakhsh alias Papu Shah and his wife, Yasmin Shah, who contested elections from Badin against Dr Zulfikar Mirza and Dr Fahmida Mirza, was on Monday adjourned to Sept 13 by a division bench comprising Justices Khwaja Naveed Ahmed and Khalid Ali Z. Qazi.
CAA referendum
The bench consisting of Justices A.S.D. Metlo and Rana M. Shamim adjourned the hearing of a petition against the referendum being conducted in the Civil Aviation Authority for ascertaining a collective bargaining agent. The referendum is due to be held on Tuesday and the bench would hear further arguments by the petitioner’s counsel Gohar Iqbal, early in the morning.
Advocate Gohar Iqbal argued at length on Monday to contend that the office-bearers of a leading union, the Union of Aviation Employees, have been replaced with officials of the management’s choice.
The union was contesting the poll with its new pro-management leadership while the ousted leaders had not been allowed to use their union’s platform or symbol. He said fair elections within the union should precede referendum for the CBA and the court should at least bar notification of the CBA on the basis of August 5 poll pending the hearing of the petition.
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