SA enacted law to promote Sindhi language: SHC told
KARACHI: The Sindh High Court (SHC) was Tuesday informed by Additional Advocate General (AAG) that the Sindh Assembly (SA) had enacted the Sindh (Teaching, Promotion and Use of Sindhi Language) (Application) Act 1972 to protect provincial language in the province.
AAG Sarwar Khan made this statement during hearing of a constitutional petition seeking steps be taken to enforce Sindhi language in all government offices and to teach as a compulsory subject till graduation.
Petitioner Syed Iqbal Kazmi submitted that the government was duty-bound to make arrangements for enforcement of Urdu as official language under Article 251 of the Constitution and provincial government should take steps for use of Sindhi language in the government offices.
He submitted that Sindhi should be enforced as official source of communication and all educational boards in province be directed to include Sindhi language as compulsory subject in syllabus till graduation level
On Tuesday, the AAG contended in terms of Article 251 of the Constitution, National language was to be protected and promoted while in terms of sub-Article (2) of Article 251, English language might be used for official purpose within a period of 25 years.
He submitted to protect provincial language in Sindh, the provincial assembly had already enacted Sindh (Teaching, Promotion and Use of Sindhi Language) (Application) Act 1972.
SHC division bench, headed by Chief Justice Mushir Alam, observed in its order: “After such comments the petitioner has chosen not to appear on April 27, 2011 nor is he in attendance today when case is called in latter part after process. Accordingly, petition is dismissed for non-prosecution.”
Missing student case: The SHC Tuesday directed Sindh IG Police (Investigation) to trace out within 10 days the whereabouts of a Hafiz-e-Quran seminary student missing since December 2010 from Karachi.
A division bench, comprising Chief Justice Mushir Alam and Justice Syed Hasan Azhar Rizvi, also directed Secretaries of Interior Ministry and Sindh Home Department to call information from agencies under their respective control and authority as to whereabouts of detenue, Hafiz Babar Nasim.
His father, Malang Khan, resident of Sector 4-D, Islam Nagar, Orangi Town, Karachi, moved the court to seek whereabouts of his son since police failed to find out any clue. He impleaded Secretary Interior Ministry, Secretary Sindh Home Department, IG Police Sindh and SHO PS Mominabad, Karachi, as respondents.
He submitted his son, who is Hafiz-e-Quran and first year student of Dars Nazimi, went to Madressa Jamia Khulafa-e-Rashideen in Pak Colony, early morning of Dec 25, 2010. Since then his whereabouts were unknown. Petitioner searched his son at all hospitals, police stations, but found no clue. Petitioner stated that he also lodged a complaint at Mominabad police station, Karachi, but police showed their inability to find clue to Hafiz Nasim, as they did not lodge an FIR despite submission of the complaint.
His counsel Qadir Hussain Khan contended petitioner apprehends that his son was taken away by any agency and detained unlawfully. This was violation of Article IC (C) of the Constitution. He prayed to order respondents to produce his client’ son and release immediately.
SHC division ordered: “Let notice be issued to respondents as well as Advocate General Sindh and DAG to call information. Secretary Interior to call for information under its control and authority and Secretary Home Department to call information from all agencies under its control.” It further ordered: “IG (Investigation) to carry out an investigation and trace out the whereabouts of Hafiz Babar Nasim, son of petitioner, and submit a report within 10 days.”
Demolition case: The SHC Tuesday impleaded the Sindh Building Control Authority (SBCA) as party to proceedings over demolition of old Bankwala House in Karachi protected under Sindh Culture and Heritage Act 1994. A division bench, comprising Chief Justice Mushir Alam and Justice Hasan Azhar Rizvi, passed this order on miscellaneous application moved by petitioner Munira N Chinoy, seeking to implead SBCA as party in her instant petition. Chinoy, resident of Bath Island, Karachi, moved the court against delisting of heritage site Bankwala House and subsequent demolition of some portions by its owners. She submitted Bankwala House, which was adjacent to her house, was delisted by the Heritage Department and expressed her apprehension about its demolition as owner of house intended to leave premises.
Her counsel argued a building was declared a protected heritage it could not be delisted and prayed to issue necessary order for protection of heritage site. He informed under protection of heritage site law, no rules were framed, but broad criterion for preserving and protecting heritage building was given.
On March 3, 2011, SHC directed the provincial law officer to make statement as to what criterion presently followed by the Sindh government on delisting any building from heritage list.
Pursuant to court order, AAG Muhammad Sarwar Khan placed on record criteria for listing and delisting of heritage proposal approved by Heritage Advisory Committee, Government of Sindh. SHC division bench took on record statement and reports of inspection on March 11, 2011 and Aug 5, 2010. Meanwhile, petitioner’s counsel filed application under Order 1, Rule 10 CPC praying to implead the KBCA as a party to instant petition.
SHC division bench order said: “Since matter pertains to listing and delisting of public building protected under the Sindh Culture and Heritage Protection Act 1994, the KBCA has some role to play for allowing demolition of such buildings or otherwise. Therefore, KBCA is necessary if not proper party to present controversy. This application is allowed and KBCA is added as a party to instant petition. Let amended petition be filed in office within seven days.” Hearing was adjourned till June 1, 2011.
Source: Daily Times
Date:5/25/2011
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