KARACHI: The Sindh High Court on Friday restrained the Cantonment Board Clifton from charging parking fee at eight areas within its territorial jurisdiction.

The direction came on a constitutional petition against the CBC for charging the parking fee on Sarwar Shaheed Road (except the front of the Karachi Press Club and both sides of the Pakistan Coast Guard offices), Sabir Baig Shaheed Road (excluding the KPC side), Raja Ghazanfar Ali Khan Road (excluding the front of Army Library, Baloch Mess and one side of the Avari Towers hotel), Aziz Bhatti Shaheed Road, Saghir HussainShaheed Road (excluding the front of the church), Kayani Shaheed Road, Sharea Faisal (only service road from Faisal Bank to Dadhabby Centre, excluding the front of Arifeen Mosque), Abbasi Shaheed Road (service road from F TC building to NICL and attached road from F TC to Muslim Colony).

A two-judge bench ordered: `Till the next date of the hearing, the CBC is restrained from charging or collecting any amount from vehicle owners on account of parking fee in respect of the eight locations specified in the CBC`s letter.

The judges noted in the order that it had already been held by the SHC that the CBC could not levy parking fee without proper legislation.The bench issued notice to the respondents the defence secretary, CBC executive officer, senior superintendent police (south), Saddar SHO and a private respondent, Aijaz Ali Khaskheli to file their respective replies on the petition by Nov 15.

The federal and provincial law officers were also directed to ensure the filing of comments by the official respondents.

The petition was filed by the Sea Breeze Plaza Owners/ Residents Welfare Association through its chairman Mohammad Afzal against the impugned letter of the CBC that authorized charged parl(ing at the eight spots.

The petitioner, represented by Advocates Salahuddin Khan Gandapur, Sabir Shah and Pir Darwesh Khan, submitted that the CBChad issued a letter on Sept 4 specifying the charged parking lots which included the portion of Plot No ST-6, Sharea Faisal.

He said the space, which was part of the plot, had been left by the Sea Breeze Plaza project builder for parking to be used by the residents and visitors.

However, the petitioner said, the CBC unlawfully authorised a private contractor to charge parking fee from every owner/ driver of vehicle using the space.

Advocate Ghandapur argued that parking fee could not be charged in absence of any legislative authority, since there was no provision in the Cantonment Act, 1924, that empowered it to levy the fee. He said the CBC acted in violation of the Article 4, 23, and 25 of the country`s constitution.

The petitioner asked the court to declare the letter illegal and restrain the CBC from levying parking fee.

Medical treatment ordered Meanwhile, another SHC bench directed the superintendent of Central Prison Karachi to provide medical treatment to Kanwar Khalid Younus, an ailing Muttahida Qaumi MovementLondon leader, who had been detained under the Maintenance of Public Order.

The bench gave the direction while hearing an application filed by the incarcerated leader`s wife, Naz Khalid Kunwar, who had moved the high court for her husband`s release.

The bench adjourned the hearing to Nov 18 directing the home secretary, the Rangers director general and others to file the comments.

Mr Younus along with other MQM leaders was arrested on Oct 21 when they were going to the Karachi Press Club to address a press conference.

The petitioner said there were no criminal charges against her husband, who had been a member of the National Assembly. Sheapprehended that her spouse would be implicated in fictitious criminal cases.

She said her husband, an elderly person, was suffering from various diseases and needed medicines on a regular basis. She said she and other family members were not being allowed to see him in prison.

The petitioner said the detention order was illegal and unconstitutional and against the principles of natural justice. She prayed to the court to declare the detention of her husband illegal and order his release.

She further asked the court to direct the jail authorities to allow relatives of the detainee to meet him in prison.

Comments sought Meanwhile, the bench also directed the home secretary, the provincial chiefs of the Rangers and police, Karachi commissioner and others to file comments on a petition seeking release of MQMLondon leader Amjadullah Khan.

The petition filed by his father, Assadullah Khan, stated that his son was placed under illegal detention. He apprehended that his son would be implicated in false and fabricated cases due to his political af filiation.

He asked the court to direct the authorities to allow him and other family members to meet the detainee. He also requested the court to order his son`s release.