FROM THE COURTROOM – SHC issues notices to CS; E&T minister, secretary on wine shop owners’ petition

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KARACHI – The Sindh High Court (SHC) on Thursday issued notices to Sindh Excise and Taxation (E&T) Minister Mukesh Kumar Chawla and E&T secretary on a constitutional petition moved by two wine shop owners for not issuing them a permit despite Sindh Chief Minister Qaim Ali Shah’s orders. An SHC division bench, headed by Chief Justice Mushir Alam, issued the notices to the respondents after hearing the preliminary arguments made by the petitioners.
The petition was filed by Harish Kumar and Lohonomal who submitted that they had applied for a permit of wine shop in Thar district, and after fulfilling all the required legal formalities, they were given permission by the chief minister some two months ago. However, despite the fact that they were given permission by the provincial government, the E&T minister was creating hurdles for them and not allowing them to start their business, they added.
They also submitted that there were already 11 wine shops running in Thar district, but they were not allowed to open their store. The Sindh government, through the chief secretary (CS); E&T minister, and E&T secretary were cited as respondents.
The plaintiffs pleaded the court to issue orders for allowing them to start their wine store, and for restricting the respondents for harassing them. After hearing their comments, the court issued notices to the respondents for the next date of hearing to be fixed later.
SCBA ELECTIONS: The same bench repeated notices to the Sindh advocate general (AG) and deputy attorney general (DAG) to submit their comments over the manner in which the Supreme Court Bar Association (SCBA)’s elections were held. The court was hearing a petition filed by Abdul Qadir Jatoi, challenging the SCBA’s elections. Representing the Law Ministry, Akhtar Hussain appeared before the court and requested for granting further time to submit his comments. The court granted his request and adjourned the hearing while repeating the notices.
The petitioner submitted that due to mismanagement and poor arrangements by the Sindh Bar Council (SBC) and other relevant authorities, many members of the bar from interior Sindh were unable to cast their votes in the recent elections of the SCBA.
“In the previous election, polling booths were established in Kandhkot, Larkana, Shikarpur, Jacobabad, Khairpur, Naushero Feroze and Sukkur, and the members cast their votes in their respective districts.
However, in the recent elections, no polling booth was set up in Sukkur, which restricted many voters from casting their votes,” he said. Besides, as many as 26 members were unable to cast their votes across the province as their names were not included in the final voters list, he added. He cited the federal government, SCBA president, SBC vice chairman and others as respondents in the petition.
He prayed to the court for cancelling the result of the elections and issue orders to the authorities for conducting the bar elections again. KBCA COURTS: The SHC also ordered the Law and Home departments to ensure that the bill regarding setting up the Building Control Special Courts is tabled within four weeks.
This order was passed on the petition of Karachi Building Control Authority (KBCA) whose legal adviser submitted before the court that an administrative order be passed regarding the establishment of the special courts.
On behalf of the Sindh government, Additional Advocate General Sarwar Khan told the court that the government has submitted a bill regarding the issue. However, the provincial government had earlier opposed setting up these special courts.