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KARACHI: The Sindh High Court on Tuesday restrained municipal authorities from demolishing houses of 64 residents of Mujahid Colony in district Central during an anti-encroachment drive.
The residents filed a lawsuit through their counsel Syed Haider Imam Rizvi before the SHC.
After a preliminary hearing, the single bench headed by Justice Muhammad Faisal Kamal Alam issued notices to the Karachi Development Authority (KDA), Sindh Katchi Abadi Authority (SKAA), Karachi Metropolitan Corporation (KMC) and the advocate general for Jan 30.
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“Till next date of hearing, the parties are directed to maintain status quo. Official shall not interfere in the lawful possession of plaintiffs, who have valid leases/ sublease in their favour or have submitted the challans before the defendant-Katchi abadi and their properties are shown in the layout plan,” the court order said.
Bench issues notices to KDA, KMC for 30th
The plaintiffs’ counsel submitted that 22 of his clients possessed lease or sub-lessees issued by the SKAA, while challans for the issuance of sub-leases to 42 other residents of Mujahid Colony had been submitted.
He argued that the KDA, under the guise of an anti-encroachment drive, was planning to evict the plaintiffs from their properties.
While submitting an eviction notification before the court, the counsel argued that a division bench of the SHC had issued its order that pertained only to the demolition of illegal structures, particularly those on the 150-foot-wide road, and plots not included in the layout plan issued by the SKAA.
Underage girl sent to shelter home
A division bench of the SHC bench on Tuesday sent an underage girl, who had recently married of her own free will, to a shelter home.
The free-will couple filed a petition before the SHC, stating that they needed protection from the girl’s parents, who had filed an abduction case against the 19-year-old groom.
After hearing both sides, the bench, led by Justice Salahuddin Panhwar, directed that the girl be sent to the Pannah Shelter Home for 10 days.
The court also directed the medical superintendent of the Dr Ruth Pfau Civil Hospital Karachi to constitute a medical board to conduct an ossification test to determine the girl’s age.
It ordered the SHO of the Preedy police station to appoint a lady officer for the safe production and custody of the girl before the board.
Additionally, the court instructed that a psychologist visit the shelter home to assess the girl’s mental health.
The court further mandated the medical board and the psychologist to submit their reports on the next hearing.
The restricted the girl’s parents and alleged husband from meeting her at the shelter home.
During the proceedings, the court noted that the counsel for the girl’s parents had submitted photocopies of relevant documents, including her birth and school leaving certificates, which suggested that she was around 15 years old.
“Apparently, petitioner no 1 [the girl] is a minor and her marriage with the petitioner no 2 [the man] is an offence and whoever performs, conducts, directs, brings about or in any way facilitates any child marriage is liable to be punished under the Sindh Child Marriage Restraint Act, 2013,” the court observed.
The bench directed the investigation officer to ensure the presence of the witnesses and the Nikah khawan, who solemnised the couple’s marriage, before the court on Jan 28.
However, in her affidavit, the girl claimed that she had attained adulthood. She alleged that her parents intended to marry her off against her will to “an elderly or infirm person in exchange for money”
Published in Dawn, January 15th, 2025