SHC restrains ACE from taking coercive action against KDA DG

KARACHI: The Sindh High Court (SHC) on Monday restrained the Anti-Corruption Establishment (ACE) from taking coercive action against the Karachi Development Authority (KDA) director general (DG) with regard to corruption inquiries.The direction came on a petition of KDA DG Asif Ali Memon against the registration of blind inquiries and FIRs with regard to misuse of powers.

A counsel for the petitioner submitted that at the behest of the Sindh local government secretary and additional home chief secretary, ACE had registered a false and frivolous FIR against the KDA DG over misuse of power while exercising official work.

The lawyer submitted that the presiding officer of an anti-corruption court had acquitted the petitioner of charges in the subject inquiry but investigation officer of the case was continuously extending threats to the petitioner and he had implicated him in other false and frivolous cases.

The SHC was informed that the petitioner had falsely been implicated in a false FIR, after which he was apprehending his arrest in such fake cases.The counsel requested the high court to declare that threats being extended by the official respondents with regard to involving the petitioner in blind cases were illegal and restrain the official respondents from taking any coercive action against Memon.

A provincial law officer along with an ACE investigation officer sought time to file para-wise comments. They submitted that there were certain inquiries pending against the petitioner.A division bench of the SHC headed by Justice Mohammad Iqbal Kalhoro directed the official respondents to file para-wise comments by March 1 and in the meantime, restrained ACE and others from taking any coercive action against the petitioner subject to his cooperation in the inquiries.

The SHC has directed the Sindh Building Control Authority (SBCA) to take concrete steps to remove illegal construction in a multi-storey building in the Garden area.The petitioner had submitted that a private builder had raised an illegal construction of ground-plus-nine floors in the Garden West area in violation of the approved building plan and contrary to the Karachi Building and Town Planning Regulations 2002.

The high court directed the SBCA to remove the illegal construction and the Garden sub-registrar to not register any document pertaining to the subject property. The SHC also ordered that utility providing services shall not provide utilities to the subject plot unless the SBCA had issued a completion certificate in accordance with the law.