SHC orders action against SBCA officials over unauthorised construction on Preedy Street

The Sindh High Court (SHC) on Monday directed the Sindh Building Control Authority (SBCA) director general (DG) to take action against officers and officials of the SBCA District South, under whose watch an illegal construction was made on Preedy Street in the Saddar area in violation of approved plan.

The direction came on a citizen’s petition against an unauthorised construction on Preedy Street. The petitioner, Farhan, submitted that the owner of the property made an unauthorised construction and shops in violation of the approved plan and SBCA officials did not take action against the building despite court orders.

The SBCA South deputy director had on October 28 filed a compliance report, submitting that the demolition squad had demolished one part of the building. The SBCA officer submitted that the building was occupied without completion and occupancy certificate, and requested the high court to direct the owner of the building to vacate the premises so that unauthorised construction could be removed from the compulsory open space.

The SBCA officer sought 15 days to remove the remaining illegal construction. A division bench of the high court, comprising Justice Zafar Ahmed Rajput and Justice Mohammad Faisal Kamal Alam, directed that the entire cost of removing illegal construction be recovered from the builder and action be taken against him under the law.

The SHC also directed the SBCA DG to take action against the SBCA officials on whose watch the unauthorised construction was built in violation of the approved building plan and the law.

Conviction set aside

The SHC set aside conviction of two persons in police murder case after giving them the benefit of the doubt.

Kamran Khan and Mohammad Asif were sentenced to life imprisonment by an anti-terrorism court for murdering a police constable, Aurangzaib, in Korangi Industrial Area in May 2013.

According to the prosecution, the appellants killed the cop along with other co-accomplices. A counsel for the appellants submitted that they were labourers and had nothing to do with the offence and that they have been falsely implicated in the case.

An additional prosecutor general supported the trial court order submitting that an eyewitness had identified the appellants while committing the offence.

A division bench of the high court headed by Justice Yousuf Ali Sayeed after hearing the arguments of the counsel and perusal of the evidence observed that the recovery of the alleged pistols from the appellants could not be proved by the prosecution and the evidence had become doubtful.

The bench observed that the testimony of the eyewitness was already found to be unreliable and there was nothing else that linked the appellants to the murder.

The SHC observed that the extra-judicial confession obtained from the appellants was hardly inspiring and it could not be trusted to convict the appellants. The high court set aside the conviction of the appellants and ordered their release, if they were not required in other cases.