KARACHI, Nov 3: The Sindh High Court on Friday acquitted an activist of banned Lashkar-i-Jhangvi of sectarian killing charges but upheld the conviction of co-accused awarded to him by the trial court.

Dildar Hussain alias Dilawar and Saeed Awan were sentenced to life imprisonment by an anti-terrorism court in Karachi in May 2002 for killing nine persons and injuring six others at Imambargah Hur in Al Falah Colony on Oct 10, 1999.

The appellants preferred appeals against their conviction in SHC.

M.R Syed and Aamir Mansoob Qureshi argued that the identification parade of the appellants was illegal as rules prescribed in superior courts ruling were not followed in the parade.

They also questioned recovery of weapons from the appellants by the police and prayed the court to set aside the conviction of the appellants as the prosecution had failed to prove its case.

AAG Mohammad Qasim Mir Jatt supported the trial court order contending that prosecution witnesses supported the prosecution case and identified the appellants.

He also sought enhancement in the sentences of the appellants as trial court awarded lesser punishment to them.

SHC's division bench, comprising Justice Rehmat Hussain Jaffery and Justice Mrs Yasmeen Abbasey, after hearing the case, for reason to be recorded later, dismissed the appeal of Saeed upholding his conviction.

However, the court acquitted Dildar Hussain of charges giving him benefit of doubt and dismissed the state appeal for enhancement of the sentences of the appellants.

LAND CASE: The Sindh High Court on Friday called comments from City District Government Karachi and a parking contractor on a petition against illegal occupation of a piece of land meant for parking in Clifton.

Zaheerul Haq Minhas contended that 6000 square yards reserved for parking were being converted into commercial proposition and the respondent, Shabbir Dhaji, had been occupying a major portion of land for his own car showroom.

SHC's division bench, comprising Justice Mushir Alam and Justice Syed Zawar Hussain Jaffery, calling comments from the city government and other respondents asked the petitioner to also place Sindh government as respondent in the petition.

Meanwhile, the same court issued notice to AG Sindh on non appearance of the provincial law officer in a petition against officials of the revenue department.

The court was hearing a petition by Mohammad Rafiq Aziz against cancellation of land transaction in Thatta by the EDO Thatta and others.

Issuing notice to the AG, the court asked AG to look into the matter.

BANK'S SUIT: The Sindh High Court has granted leave to transporter to defend bank's lawsuit against him for recovery of Rs 75 million and directed that the suit filed by the defendant against the bank will also be clubbed along with bank's suit.

Saalim Salam Ansari for Neelum Corporation contended that under the City District Government Karachi's urban transport scheme, 25 buses fleet on UTS route-11 was contracted to be supplied by the KASB bank.

SHC's single bench comprising Justice Khilji Arif Hussain after hearing arguments of defendant counsel granted leave to defend the suit as substantial question of law like whether time was essence of lease financing agreement executed between the plaintiff-bank and the defendant, whether plaintiff bank delivered leased buses well in time to the defendant and whether delay committed by the plaintiff in payment of amount caused financial loss to defendant have been raised.

The court also observed questions whether without delivery of 25 vehicles, the bank can claim rental of the said 25 buses and whether bank under Islamic financing system is entitled for proportionate rental are also required consideration.—Agencies