SHC refuses to pass injunction to halt drive against encroachments

The Sindh High Court (SHC) on Monday issued notices to the Karachi Metropolitan Corporation (KMC) and others on a petition against demolition of leased houses in the guise of anti-encroachment drive along drains in the city. The high court, however, did not grant any stay against the drive.

The petitioners submitted that they were residing at leased houses in the Nazimabad and Orangi Town areas; however, the KMC and other authorities were trying to demolish their houses in the guise of the anti-encroachment drive.

They submitted that the KMC and other relevant authorities had issued lease to them for construction of houses. They said KMC officials were misinterpreting the Supreme Court’s order and intended to demolish their houses illegally.

The high court inquired the petitioner’s counsel how the KMC Katchi Abadi department could lease the land earmarked for drains. The SHC observed that no injunction could be passed against the anti-encrochment drive on drains as the matter was sub judice before the Supreme Court, and directed the KMC and other respondents to file their comments with respect to the lease claim of the petitioners.

Water board MD

The SHC issued notices to the local government secretary, Sindh advocate general (AG) and others on a petition against the award of additional charge of the Karachi Water and Sewerage Board (KWSB) managing director (MD) to a government servant.

Petitioner Syed Mehmood Akhtar Naqvi submitted that the Sindh government had appointed government officer Asadullah as the KWSB MD on additional charge, which was in violation of the law and judgment of superior courts.

He submitted that the Supreme Court had directed that all cadres posts should be filled through qualified officers; however, the government had given the additional charge of the KWSB MD to an officer who was already working on a different post.

He requested the high court to order appointment of the water board MD in accordance with the law and in compliance with superior courts’ orders. The SHC, after the preliminary hearing of the petition, issued notices to the local government secretary, AG and others, and called their comments.

Appointment of judge

The SHC also dismissed a petition against the re-appointment of an accountability court judge. Petitioners Nisar Ahmed and others had questioned the reappointment of the accountability court judge contending that the law ministry had made the appointment under duress and in the absence of consultation, as envisaged under the National Accountability Ordinance, 1999.

The member inspection team of the SHC and a National Accountability Bureau counsel questioned the maintainability of the petition, submitting that the Article 199 of the constitution could not be invoked on the matter.

A division bench headed by Justice Mohammad Ali Mazhar observed that the contention raised by the petitioners was patently flawed, as it was not for the court to invade the legislative field by readily inferring and supplying the casus omissus. The court observed that the grounds raised were misconceived and dismissed the petition.