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Wednesday, November 04, 2009 E-Mail this article to a friend Printer Friendly Version

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CBC executive officer, counsel put on notice

KARACHI: A division bench of the Sindh High Court (SHC) comprising acting Chief Justice Mushir Alam and Justice Aqeel Ahmed Abbasi on Tuesday issued a show cause notice to counsel for Cantonment Board Clifton (CBC) Karachi Ashraf Ali Butt and executive officer of the board on charges of wilful disrespect to an order of the court.

The counsel advised the executive officer to go ahead and demolish the construction of a foreign brand food outlet Dunkin Donuts.

The bench in its order said that the alleged contemnor (CBC executive officer) was inquired as to why the action was taken damaging the premises in a dispute despite an order dated October 9, 2009. She stated that she has been advised by Butt to take action, as it will not be in violation of the court’s order. The bench stated that the explanation offered is unsatisfactory and the alleged contemnor is a senior officer holding the position for quite some time and should be aware of the sanctity of the order of the court. If officers of her standing do not comply with the orders of this court, it cannot be expected from the lower formation to have regard and respect for the rule of law. We are living in a civil society and it is expected to require all the public functionaries to be careful while dealing with the rights and interests of citizenry. The photographs annexed show brazen violation of orders of the court.

The court observed that serious view of the statement by the alleged contemnor was being taken that she was so advised by Ashraf Ali Butt. The bench issuing contempt notice said that and why he may not be called upon to reimburse the loss caused on account of his ill advice and matter may not be recommended to the Sindh Bar Council for cancellation of his licence for professional misconduct deliberately encouraging the alleged contemnor to violate the restraining order. The bench with the above notice affording time to the contemnors to file their detailed replies put off further proceedings for three weeks. staff report

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