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‘Irresponsible’ KBCA law officers irk SHC

Staff Report

KARACHI: Expressing extra ordinary displeasure over performance of the law officers of Karachi Building Control Authority (KBCA), a division bench of SHC headed by Acting Chief Justice Mushir Alam directed the KBCA chief controller of buildings to replace the present law officers with seasoned and hard working people.

The observation and direction came during the hearing of a constitutional petition filed by a citizen, Mushtaq A Malik, against an alleged illegal construction.

The bench noted that the KBCA law officers did not provide the required information.

The bench later in its order said, “This court is regularly facing difficulty in deciding the cases of KBCA as the law officers of the authority are not undertaking their duties with responsibility. Let the copy of this order be sent to KBCA chief controller of buildings with direction to ensure that some seasoned and hardworking law officers are engaged instead of those who are not performing their duties properly.”

The bench asked Afsheen Imam advocate, who at times represents KBCA to communicate observations by the bench to the competent authority and also to ensure that required information pertaining to the petition before the court be filed within two weeks. The bench ordered, “If such an exercise is not carried out within the stipulated time the KBCA chief controller of buildings will appear in person and explain the position.”

The bench later put off further hearing, directing the office to fix the petition after two weeks.

Loud Speaker Ordinance: The playing of loudspeakers and sound amplifiers (echo chambers etc) without prior permission from competent authorities “ is a cognisable offence under section 5 of West Pakistan Regulation and Control of Loud Speakers and Sound Amplifiers Ordinance 1965, held a division bench of the SHC comprising Acting Chief Justice Mushir Alam and Justice Aqeel Ahmed Abbasi.

The bench was seized with the hearing of a constitutional petition filed by Mrs Naushaba Zuberi, Dr Saleh Memon, Mrs Zofeen Ebrahim and Imran Aslam, residents of block 3 Clifton Karachi who moved the court against playing of loudspeaker at a restaurant causing nuisance to them.

The bench, after hearing the counsel for petitioners, held that it is a cognisable offence and any police officer “ not below the rank of a sub inspector may seize the equipment too”. The bench held that only in cases of inaction or wrongful exercise or failure of exercise of jurisdiction by a public functionary this court can intervene.

The bench advised the petitioners to move the concerned police station in case of any violation of the said ordinance.

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