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IGP gets another show-cause notice for not complying with SHC`s order

By Tahir Siddiqui 2015-11-04
KARACHI: The Sindh High Court on Tuesday issued yet another show-cause notice to Inspector General of Police Ghulam Hyder Jamali for flouting the court`s order regarding the removal of construction on a project raised in violation of building laws on the land of Pakistan Railway Employees Cooperative Housing Society Limited.

While granting an appeal against the order of a single bench, a division bench, headed by Justice Sajjad Ali Shah, had on Sept 29 directed the IGP and the Additional IG, Karachi, to ensure that `Moon Garden`, the project in question, was totally vacated within 30 days.

On Tuesday, the bench became irked when the appellant`s counsel, Advocate Muhammad Vawda, informed the judges that the clear-cut orders of the court had not been complied with.

AdditionalAdvocate General MustafaMahesar informed the court that the IGP could not appear in court as he had to appear before the Supreme Court in Islamabad.

The city police chief and the DSP concerned appeared in court and acknowledged receipt of the court`s orders. However, they remained silentwhen Justice Shah asked them as to why the court`s orders were not complied with.

The bench issued a show-cause notice to IGP Jamali for disobeying the court`s orders and directed him to submit his reply within a week.

Initially, the court had directed the provincial police chief to submit his reply within three days, but later extended the deadline for a week on the request of AAG Mehesar.

While granting the appeal, the court had ordered in the judgement: `In the instant case the project has been occupied in blatant violation and utter disobedience of the undertaking/directions of the Apex Court as well as of this court and consequently we see no alternative but to direct its attachment and to further direct the Inspector General of Police as well as Additional Inspector General of Police, Karachi, to ensure that the project is totally vacated within 30 days hereof, whereafter Respondent No. 1 shall seal the subject project forthwith, which would remain attached/sealed tillfurther orders of this court.

We are further of the view that all constructions raised by the respondent No. 7 [builder] after injunctive order dated 17-4-2007 has to be removed/dismantled.

It may be recalled that the verdict on a petitionof former home minister Dr Zulfikar Mirza seeking contempt proceedings against the provincial police for besieging the SHC and antiterrorism court on May 19 and 23 was scheduled to be announced on Nov 2.

However, the judgement could not be pronounced and deferred to a date to be later fixed by the court`s office as one of the bench members was on leave.

During the May 23 siege of the SHC, uniformed and plain-clothes personnel had used force to arrest a number of associates of Dr Mirza who, along with him, appeared before the court to seek confirmation of their pre-arrest bail in several cases. Dr Mirza`s guards and some of his associates, as well as media persons, were manhandled by the plain-clothes personnel at the main gate of the court`s building. Several vehicles parked in the area and media personnel`s cameras were also damaged during the action.

Later, Dr Mirza filed a contempt petition citing the Sindh and Karachi police chiefs and other seniorpolice ofhcers asrespondents.

A two-member SHC bench, also headed by Justice Shah, had reserved the judgement on June 13 after hearing arguments of the counsel for the petitioner and respondents.