SHC orders checking Manghopir ground for encroachments

The Sindh High Court (SHC) has directed the District West administration, the Sindh Building Control Authority (SBCA) and others to inspect a football ground in Manghopir to verify the claim of a petitioner about encroachments.

Mohammad Yaseen, who is the president of the Manghopir football ground’s sports welfare committee, said in his petition that private respondents have been raising an unauthorised construction at the ground.

Yaseen said Manghopir’s old football ground near Garam Chashma was meant for amenity, so it cannot be converted for any residential or commercial purpose. He said the private respondents are trying to usurp the subject land with the connivance of the local police, and have started raising an illegal construction.

After the preliminary hearing of the petition, an SHC division bench headed by Justice Aqeel Ahmed Abbasi issued notices to the District West deputy commissioner, the SBCA and others, telling them to file their comments.

The court directed the official respondents to inspect the football ground and verify the claim of the petitioner, then submit their report on the next date of hearing.

Rape case

The SHC also dismissed the bail application of a man in a rape case. Applicant Waqar Hussain had been arrested by the Ibrahim Hyderi police for subjecting a woman to sexual assault. According to the prosecution, Hussain had kidnapped the woman in Malir on March 28, 2020, then raped her.

The victim had recorded her statement before the police that she was kidnapped by the applicant and two others, then she was raped by the applicant and another accused Shabbir, while they also demanded a ransom from her husband for releasing her.

After hearing the arguments of the counsel, a single SHC bench headed by Justice Adnan Iqbal Chaudhry said the victim had given her statement under Section 164 of the Criminal Procedure Code that fully implicates the applicant in the commission of rape. The court said that the applicant had not been able to make out a case for being granted bail at this stage in the case, and so, the bench dismissed the bail application.

Missing persons

The SHC recently directed the ministries of interior and defence to submit reports with regard to the whereabouts of missing persons allegedly picked up by law enforcement agencies.

During hearing petitions with regard to enforced disappearances of some citizens, a division bench headed by Justice Naimatullah Phullpoto inquired the provincial and federal law officers about the outcome of the joint investigation team’s reports. The court observed that several joint investigation team and provincial task force sessions have been held for the recovery of the missing persons, including Arsalanuddin and Pathan Zohrani, but no clue have been found.

The investigation officer of the case submitted that cases of the missing persons fall within the category of enforced disappearance. The provincial law officer submitted that the families of some missing persons have been provided financial assistance as per directions of the court.

The court observed that it perused the progress report, which was nothing but stereotypes without any substance.

It further said that it has already been declared that missing persons fall within the category of enforced disappearance; therefore, the secretaries of ministries of interior and defence file their reports after obtaining from agencies working under their control.

The court directed the heads of the JIT and PTF to repeat their sessions for the recovery of missing persons and submit the compliance reports on the next date of the hearing.

Conviction set aside

The Sindh High Court set aside the life imprisonment of a man in a sectarian killing case.

Syed Mushtaque Hussain Shah was sentenced to life imprisonment by an anti-terrorism court for murdering Syed Athar Hussain and injuring his brother Syed Muzahir Hussain on December 29, 2012. According to the prosecution, the appellant along with other co-accused targeted the Syed Athar Hussain and his brothers when they were travelling on the National Highway.

The appellant’s counsel submitted that evidence of the eyewitnesses could not be relied upon as the incident occurred at night and the eyewitnesses failed to provide features of the appellant. He submitted that identification parade of the appellant before the judicial magistrate could not be relied upon and the trial court also acquitted co-accused Waqas, giving him the benefit of the doubt.

The additional prosecutor general supported the trial court order.

A division bench headed by Justice Mohammad Karim Khan Agha, after hearing the arguments of the counsel, observed that the prosecution failed to prove charges against the appellant with regard to testimonies of the eyewitnesses as the incident occurred at night and the witnesseses could not justify their identification of the appellant in their police statement.

The court observed that no weapon was recovered from the appellant which makes the recovery of empties irrelevant and same could not be linked to the appellant. The court set aside the trial court order and ordered releasing the appellant if not required in other cases.