KARACHI, March 25: The Sindh High Court jailed a builder for three months on Tuesday for defying its stay order.
Tariq Baloch had been asked by a division bench, comprising Justices Sabihuddin Ahmed and S. Ali Aslam Jafri, to stop construction of a multi-storeyed building at Keamari in violation of law pending a petition moved by two non-governmental organizations — Karachi Watch and Care and Citizens Advisers.
According to the design approved by the Karachi Building Control Authority, he could raise a single storey in addition to the ground floor.
In violation of the design and the rules of Karachi Building Control Authority, the builder had constructed three storeys. The court passed a restraint order while the third storey was under construction.
In violation of this order, he completed the third storey and the petitioners approached the court with a contempt plea against him.
The SHC nazir was then directed to inspect the site and submit a report. The nazir’s report confirmed the illegal construction and the court charged the builder with contempt.
As the case came up for hearing on Tuesday, Tariq Baloch had nothing to say in his defence except that he had received payments from allottees who had booked flats on the illegal structure and was under pressure from them.
The KBCA counsel submitted that the authority had been warning the builder against any construction in violation of the design approved by it, but he had ignored the warnings.
The bench convicted the builder of contempt and sentenced him to imprisonment for three months.
BAIL GRANTED: The Sindh High Court granted on Tuesday anticipatory bail to an accountability court convict, tried and sentenced to three years’ imprisonment in absentia.
Seventy-two-year-old Pesi Rustomji Amaria had submitted, through Advocates Mohammad Ashraf Kazi and Idrees Qureshi, that he was down with an acute heart condition since 1997 and knew nothing about his trial, along with 16 others, in a reference pertaining to a wine store.
He was in Canada in connection with his treatment when he learnt through newspaper reports in May of 2002 that he had been declared an absconder and tried in absentia. Subsequently, he underwent bypass surgery at a Bombay hospital.
He and his counsel had examined the prosecution case and the court order against him on his return to Pakistan and moved a revision petition in the high court.
The petitioner contended that he had nothing to do with the wine store or its allegedly unlawful operations. Neither had he a share nor received any profit from the business of the store.
He said his name was included among the wine store’s directors for a while only to fulfil the condition that there should at least be three directors in order to qualify for a liquor licence. According to the record, no prosecution witness had deposed anything against him in any capacity.
His heart was damaged to the extent of 80 per cent and it would be an ordeal for him to conduct his defence from jail. He had, therefore, surrendered himself to the court to seek the concession of bail pending hearing of his revision petition, he said.
Chief Justice Saiyed Saeed Ashhad and Justice Ghulam Rabbani, who constituted the division bench that heard the bail plea, admitted the petitioner to bail in the sum of Rs200,000 and a personal bond in the like amount to the satisfaction of the trial court.
ATC CASE: The Sindh High Court’s administrative judge for anti-terrorism courts of Karachi asked the prosecution on Tuesday to submit its case against alleged terrorist Abdul Wahab Afghani before the competent ATC by April 1.
The accused is required in five cases of terrorism: a sniper attack on an imambargah in which nine congregationists were killed; murder of a bakery owner and his nephew on M.A. Jinnah Road; the killing of journalist Sagheer Hussain Kazmi; the bomb blast near PSO building; and an illicit arms case.
He was remanded to police custody for 14 days and on Tuesday was sent to jail for judicial custody. The challan against him is to be put up before the competent anti-terrorism court by April 1, ordered Administrative Judge Justice Shabbir Ahmed.
Justice Ahmed, meanwhile, ordered the release of Farhan Baloch, who was produced before him for physical remand. Arrested in Gulzar-i-Hijri, he is alleged to have been found in possession of one kilogramme of explosives.
The police, however, failed to produce any proof of recovery.
COURT NOTICE: A division bench of the Sindh High Court issued on Tuesday notices to the chief secretary Sindh, home secretary, secretary Zakat, DCO Karachi, SHO Manghopir and chairman of the Zakat Committee, Bund Murad, for April 3, adds APP.
The bench, comprising Justice Mohammed Roshan Essani and Justice Khilji Arif Hussain, was hearing three identical petitions filed by Abdul Qadir, Faiz Mohammed and Mohammed, all registered recipients of the food aid programme from the Pakistan Baitul-Mal.
The petitioners, seeking direction by the court to the respondents for registering an FIR against Abdul Latif Rind, the chairman of the Zakat Committee, Bund Murad, maintained that the respondent committee chairman was an example of “riches from rags.”
They maintained that the respondent, who formerly lived in a kutcha house, now owned a bungalow. He lived a life disproportionate to his known sources of income, submitted counsel for the petitioners.
After initial arguments, the bench issued notices to the respondents.
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