• Bench acquits four appellants from terrorism charge; commutes life term awarded in 2024 into time served
• Court asks IGP to find out what ‘compelled police to conduct a weak investigation in this very high-profile case’

KARACHI: While commuting the life term of four appellants into the period they have already undergone in jail, the Sindh High Court on Tuesday ruled that the targeted killing of former Muttahida Qaumi Movement-Pakistan (MQM-P) MNA Ali Raza Abidi did not fall within the definition of terrorism.

A two-judge bench headed by Justice Omar Sial passed this order while hearing appeals of convicts Muhammad Farooq, Muhammad Ghazali, Abu Bakar and Abdul Haseeb against their life term by an anti-terrorism court (ATC).

In April 2024, the ATC had sentenced them to life in prison for facilitating absconding accused in the killing of the MQM-P leader in December 2018 outside his Defence Housing Authority home.

The bench acquitted the appellants from the charge of terrorism and the life term awarded under the Pakistan Penal Code by the ATC was commuted to the period they have already served.

In its verdict, the bench stated that the appellants were convicted for the offence of terrorism, but no cogent evidence was produced at the trial court to show that there was an intent or design to coerce and intimidate public or create a sense of fear or insecurity in society.

It said that this was a case of targeted killing, but the motive for which was never discovered by the investigators.

It said only evidence against the appellants was their “extrajudicial confessions” recorded by police in the presence of the complainant and call date record (CDR).

It noted that alleged confessions were inadmissible in evidence as admittedly, none of the confessions was made before a judicial magistrate while there were indications of “unlawful force” having been used in their arrests and subsequent detention.

“An extra-judicial confession is a weak piece of evidence and it must be corroborated and supported before it can form a part of admissible evidence,” the bench remarked.

Regarding CDR, the bench noted that it was admissible as electronic evidence, but generally treated as circumstantial evidence rather than conclusive proof especially without accompanying call transcript or voice recordings.

The verdict said that the CDR in question was obtained through the technical branch of the Counter-Terrorism Department (CTD) and produced in the trial court on plain sheets.

“After having commented on the specifics of the case from a legal perspective and giving our observations on the evidence relied upon for the conviction, we would like to record that the Sindh Police failed completely in solving and proving this case,” it added. “The alleged actual shooters i.e. Bilal and Hasnain disappeared into thin air, and the police had nothing to say about them. No effort was made to get the shooters. Important leads like the bullet match with a pistol in an earlier case were ignored,” it added.

The bench further noted that no effort was made to record the confessions before a magistrate and a deliberate attempt appeared to have been made to avoid producing the CDR in a professional, complete and legal manner.

“The police have some brilliant and brave investigator Hasnain disappeared into thin air, and the police had nothing to say about them. No effort was made to get the shooters. Important leads like the bullet match with a pistol in an earlier case were ignored,” it said and added no effort was made to record the confessions before a magistrate and a deliberate attempt appeared to have been made to avoid producing the CDR in a professional, complete and legal manner.

“The police have some brilliant and brave investigators. What compelled the police to conduct a weak investigation in this very high-profile case must necessarily be looked into by the inspector general. People’s faith in the police must not be tarnished,” it added.

Published in Dawn, May 6th, 2026

• Sindh AG says Mosamiyat-Numaish contract to be awarded after completion of ‘notice period’
• Claims govt sealed project site of construction firm as it was built on KMC land
• Petitioner’s counsel says contract ‘handed over to FWO’
• Bench seeks time frame for completion of University Road construction

KARACHI: The Sindh High Court was informed on Wednesday that the provincial government had not awarded any new contract to construct Mosamiyat to Numaish corridor (Lot 2) of the much-delayed Bus Rapid Transit (BRT) Red Line.

Advocate General Jawad Dero informed a two-judge constitutional bench comprising Justice Muhammad Saleem Jessar and Justice Nasir Ahmed Bhanbhro that the contract will be awarded after the completion of the notice period of the firm earlier granted the contract.

He stated that in the meantime, the government had only awarded work related to drainage and rehabilitation of a road.

Last week, the provincial government had announced that it had cancelled the contract of a construction firm over lack of progress and unsatisfactory performance.

Later, the contracting firm, AM Associates and CR 3, had petitioned the SHC and submitted that they were executing the project, but the police and district administration had sealed their project site at Aladdin Park and served a termination notice without any lawful justification and contrary to the terms of the contract.

At the last hearing, the bench had appointed a nazir (court official) as commissioner to visit the site of the project and prepare an inventory of the machinery and also issued notices to the respondents.

When the hearing began on Wednesday, petitioner’s counsel Barrister Salahuddin Ahmed informed the court that the project was reportedly handed over to the Frontier Works Organisation (FWO).

He submitted that the process of making the inventory was not competed yet.

He said the advocate general might inform the bench under which law the government had sealed the project site.

AG Dero submitted that the office of the contractors / petitioners were built on the land of the Karachi Metropolitan Corporation.

Justice Bhanbhro remarked that the University Road was among the major arteries of the city and the people were suffering due to an inordinate delay in construction work on the subject project.

The bench suggested that a commission may be constituted to ascertain the factors behind such a delay.

The AG said as per the chief executive officer of Trans Karachi, the subject project was scheduled to be completed by 2028.

The bench expressed annoyance at TransKarachi for the delay causing hardship to the people.

It asked the AG to inform it at the next hearing about the completion of work on University Road.

The court adjourned the hearing till May 4 after one of the respondents’ counsel sought time to file objections.

The court order states: “Learned counsel for petitioner has argued the case at length and placed reliance on 1998 SCMR 2268 and unreported order of this court dated 13.12.2023 passed in CP No D-3380/2023, taken on record.

“Since report by the commissioner is awaited hence case is adjourned to 04.05.2026 at 12:00 noon. Nazir office is directed to depute three persons of his office to complete the site inspection as ordered earlier,” it concluded.

The contracting firm in its petition had claimed that provision of the entire design of the project was the responsibility of Trans Karachi but it had given only 50 per cent design to the petitioners, who executed 80pc of the work.

They had pleaded for unsealing of the project site, seeking interim restraining order for the respondents from directly or indirectly carrying out any work or initiating any tendering process on the subject project.

They also asked the SHC to appoint a Nazir to make inventory of the entire stocks at the project site and restrain the respondents from removing or using such stocks.

Published in Dawn, April 30th, 2026

KARACHI: The Sindh High Court has ruled that the Karachi Strategic Development Plan (KSDP-2020) will remain in force till the approval of any other master plan.

“Until any new plan, including the proposed Greater Karachi Regional Plan, 2047, is lawfully approved and notified, the KSDP-2020 shall remain operative,” ruled a two-judge bench headed by Justice Adnan-ul-Karim Memon while disposing of a petition seeking immediate, coordinated and effective implementation of the notified KSDP-2020.

It added: “Any deviation therefrom shall entail legal consequences in accordance with law subject to the final policy decisions of the Government of Sindh on the subject issue.”

The bench directed the provincial authorities to implement its earlier orders about timely framing of rules, consistency of regulatory framework and adherence to the KSDP-2020.

Bench asks authorities to comply with its earlier order about framing of rules to implement Karachi Strategic Development Plan

Initially, Advocate Tariq Mansoor had filed a petition in 2024 seeking effective implementation of the KSDP-2020. Later, he filed contempt application against the Sindh chief secretary, local government secretary and other respondents / alleged contemnors for not complying with the orders passed by the SHC in August and October 2025 regarding implementation of the KSDP.

The applicant contended that despite clear judicial directions, the respondents failed to implement the KSDP-2020 and instead of submitting compliance affidavits, they were adopting delaying tactics including filing review/recall applications.

He also submitted that such a conduct violated fundamental rights of around 30 million residents of Karachi and also contrary to international instruments.

A provincial law officer, along with the counsel for some respondents, filed counter affidavits and para-wise comments, raising preliminary objections about the maintainability of the petition.

They argued that the petition involved the questions which cannot be adjudicated under Article 199 of the Constitution.

They also stated that although legislative framework for integrated master planning was under process, it was yet to be finalised.

The assistant advocate general (AAG) also pointed out that he also filed a review application seeking to recall / expunge an order passed in October last year.

The AAG further submitted that the impugned order erroneously attributed to the AG office an undertaking which was never given, as enforcement of the KSDP came within the domain of relevant authorities including the Karachi Metropolitan Corporation (KMC) and Master Plan Department.

After hearing both sides, the bench in its order said that the core grievance of the petitioner was related to non-implementation of KSDP-2020 and failure of respondent authorities to act in conformity with the constitutional mandate and binding judicial pronouncements.

At the same time, it noted that the controversy involved multiple authorities, evolving statutory frameworks, questions relating to policy implementation, coordination and regulatory harmonisation, which prima facie ordinarily fall outside the strict scope of constitutional jurisdiction of the high court.

However, the bench pointed out that the SHC had already issued comprehensive directions on Feb 10, 2026 in another petition wherein a clear mechanism had been provided for framing of rules, ensuring consistency with KSDP-2020 and restraining authorities from acting in “deviation thereof until such framework was duly notified”.

The said order adequately addresses the concerns relating to regulatory alignment, implementation framework and adherence to the notified master plan and continued to hold the field until set aside by the Federal Constitutional Court, it added.

The bench in its order said, “In view of the above, the petition needs to be disposed of along with all pending application(s) with directions to the competent authorities of respondents to strictly comply with the order dated 10.02.2026 passed in CP No. D-6603 of 2021, particularly regarding timely framing of rules, consistency of regulatory frame along with all pending application(s) with directions to the competent authorities of respondents to strictly comply with the order dated 10.02.2026 passed in CP No. D-6603 of 2021, particularly regarding timely framing of rules, consistency of regulatory framework, and adherence to KSDP-2020 in line with binding Supreme Court judgments.

“Until any new plan, including the proposed Greater Karachi Regional Plan, 2047, is lawfully approved and notified, the KSDP-2020 shall remain operative, and any deviation therefrom shall entail legal consequences in accordance with law subject to the final policy decisions of the Government of Sindh on the subject issue,” it added.

It may be recalled that the SHC in its Feb 10 order had directed respondents to finalise, frame and notify the Sindh Building Planning, Construction, Control, Demolition and Disposal Rules within three months and such rules must be strictly in consonance with parent statute, the binding judgements and directions of the Supreme Court including those related to unlawful commercialisation and change of land use as well as the objectives and mandatory provisions of the KSDP-2020.

In the intervening period, the SHC had also ruled that neither SBCA nor any other authority could exercise any powers in deviation of KSDP till the requisite rules were duly framed and notified in conformity therewith and in accordance with binding judgements of the Supreme Court.

Published in Dawn, April 29th, 2026