KARACHI, Feb 11: The Sindh High Court issued notices to the provincial local government department, the district co-ordination officer of Thatta and other respondents in a petition moved by the district nazim to agitate freezing of funds by the district bureaucracy for development projects, medical care and financial assistance to the poor from Baitul Maal.
Syed Shafqat Hussain Shah Sheerazi submitted through Advocates Akhtar Hussain and Masood Ghani that no funds had been released by the DCO and the executive district officers for finance and planning, works, health, education and revenue for vital infrastructural projects approved by the district council of Thatta since April 2008. Contractors and employees were moving courts and the provincial ombudsman. Funds for roads, schools, health centres, water supply, community hall and other projects had been held up. The council had approved 54 development schemes worth Rs120 million, including ‘Shaheed Benazir Bhutto Hospital’ for 2009-09, but the respondent officials had withheld funds and included 22 new schemes of their own.
The respondents, the petitioner further alleged, had been making transfers even of officials working in grades higher than BPS 15 in violation of the law and rules and in violation of a ban imposed by the provincial government. Three hundred teachers had been transferred and low grade officials in various departments had been given the charge of higher posts. About 12,000 poor people had been deprived of financial assistance from the Baitul Maal. Treatment of about 170 Hepatitis ‘B’ patients registered with the civil hospital had to be discontinued. A sum of Rs5 million was sanctioned by the district council for life-saving medicines but disbursement was being made.
The nazim sought appropriate directions to the respondents and a division bench comprising Justices Khilji Arif Hussain and Arshad Noor Khan issued them notices for February 18.
Free-will marriages
Another bench consisting of Chief Justice Anwar Zaheer Jamali and Justice Faisal Arab asked Aurat Foundation to find a way out to provide shelter to a free-will marriage couple declared ‘karo kari’ by a jirga. Saira Jatoi and Ismail Soomro have been living at the police headquarters in Karachi since their flight from Shikarpur. Advocate Shafqat Shah Masoomi stated on behalf of the petitioner Human Safety Organization that the couple and their relatives still faced threats from the tribal notables and complaints had been lodged with the police. The couple would continue to receive the necessary facilities from the provincial government at their temporary abode. Further hearing was adjourned to March 27. The bench allowed Ms Maria, who has converted from Hinduism to Islam and married Nauman Khan at Jamshoro of her free will, to live with her husband without either of them being arrested or harassed by police. Petitioner Maria said her father, Girdhari Lal, had lodged a kidnap case against her husband and that the couple was being pursued by police. She was 21 years old and free to choose her religion and matrimonial partner and the case against her husband was false, the petitioner said.
The investigation officer was asked to record her statement and follow it up with the necessary action.
Sentence quashed
The bench comprising Justices K.A. Hussain and A.N. Khan, meanwhile, restored and allowed the intra-court appeal of a former member of the provincial board of revenue, Muhammad Khalid Soomro.
Mr Soomro was sentenced “till the rising of the court” by a single judge for contempt of court. He was charged with cancelling sale transaction of land auctioned by the high court in liquidation proceedings of a company. He did not deny the issuance of the cancellation notice and was held guilty of contempt. The accused moved an intra-court appeal against the single judge’s order but his appeal was dismissed for non-prosecution. The appellant moved for restoration of his appeal and tendered an unconditional apology. A provincial government law officer had no objection to the restoration or acceptance of the appeal.
Inspector’s plea dismissed
The bench consisting of the CJ and Justice Faisal Arab dismissed a petition moved by police inspector Faheem Ahmed Farooqui for payments of his dues for the period he remained under suspension.
The petitioner said he was implicated in a bogus kidnapping case, in which he was ultimately held innocent by the Supreme Court, which also ordered his reinstatement. He said he did not abstain from duty on his own but was prevented from doing so by the police department. The petitioner said he was entitled to the same treatment as was meted out to former inspector-general Shoaib Suddle and SP Shahid Hayat who were given the benefit of service during the period they were not given any posting by the government.
An assistant advocate-general contested the petition, saying that the provincial government had already complied with the SC order by reinstating him and treating his suspension as sanctioned leave. However, the petition was dismissed when the petitioner and his counsel failed to appear.
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