SC rejects Rao’s plea for foreign visit

ISLAMABAD  -   The Supreme Court on Thursday rejected the application of former Senior Superintendent Police Rao Anwar, famous for conducting police encounters and accused in the extrajudicial killing of Naqeebullah Mehsud, regarding removal of his name from the Exit Control List.

A three-judge bench headed by Chief Justice Mian Saqib Nisar took up the application for hearing. During the hearing, the Chief Justice asked how Anwar was acquitted.

The counsel informed the bench that his client has not been acquitted rather he is released on bail. He submitted that his client’s family lives abroad and he also wants to perform Umrah.

The Chief Justice observed that Anwar has killed a young boy adding he will stay in Pakistan until the trial is over. He further observed that the actual purpose of the instant application is to deposit abroad the wealth looted from here.

Chief Justice further observed that the way in which Anwar was arrested is in knowledge of this court and he was provided all facilities during his arrest. Anwar’s application had stated that he is regularly attending trial, conclusion whereof, is not possible in near future as charge has not been framed yet.

He has also undertaken that he will keep on attending trial regularly and his movement abroad will never cause any hindrance or delay in expeditious proceeding of trial or its timely conclusion.

On murder of Mehsood, Anwar reiterated that he was informed by the SHO Police Station Shah Latif Town on January 13 that police personnel surrounded an isolated poultry farm on information of intelligence agencies regarding presence of terrorists.

“The petitioner (Anwar) upon receiving information, rushed towards place of incident. Before he could reach at the place of incident, all the terrorist present there were already killed in cross fire and police party of the area was carrying out clearance operation,” stated Anwar.

He further stated that on account of professional rivalries, a vilification campaign was launched against him and his subordinates alleging that Mehsood was killed in alleged fake encounter by him and the then police administration supported the same.

He claimed that he was already facing serious life threats and investigation was being conducted to cause humiliation and arrest of the petitioner at the cost of his life and reputation.

“Apprehending foul play in the hands of investigation officer, the petitioner went in hiding and avoid undue arrest, humiliation and to avoid any untoward incident,” the application stated.

The top court on March 21 had constituted JIT for investigation and declined the request of Anwar for granting protective bail with further directions to the Inspector General to protect the life of ex-SSP during the period of his custody.

Consequently, the report of JIT was submitted before trial court as supplementary challan. Upon acceptance of supplementary challan by the trial court, Anwar filed applications for bail after arrest in FIRs. The Trial Court in July 2018 had granted bail against surety in sum of Rs. 1 million each and PR bond in the like amount.

While granting the bail after arrest, the Trial Court had also ordered for deposit of passport and directed not to leave the city.

SC SEEKS REPORT FROM LJC

APP adds: The Supreme Court on Thursday directed Law and Justice Commission to submit report on taking back facilities from students as well as the dismissal of teachers by private schools in response to its order for fees reduction.

A three-judge Bench, headed by Chief Justice of Pakistan, Mian Saqib Nisar passed the directions while hearing a case pertaining to exorbitant fees charged by private schools.

In December, the court ordered to private school charging more than Rs 5000 fee to be reduced by 20 per cent.

It also directed the schools to return back the fee collected in summer vacation from the students. The Chief Justice observed that the private schools owners are showing negative reaction over the 20 per cent fee cut verdict by cutting down basic facilities to the students. He remarked that “The schools are now showing reaction over the fee cut verdict. They are ridiculing the court’s decision, we won’t tolerate such actions. We will put them on trial.”

Meanwhile, President Private Schools Association Zafran Elahi informed the court that the schools will shut down if they give back the fees taken in vacations. “It’s better if such schools are shut down which are unable to give back fees. You are trying to blackmail the court,” the CJ observed.

SCBA President Amanullah Kanzai told the court that alongwith reducing its fees, the Beaconhouse School System had started treating its enrolled students like stepchildren. “My own children were behaved poorly with,” he told the Bench.

Secretary Law and Justice Commission, Abdul Raheem informed the court that one school reduced its fee by Rs 1,000 by cutting out the Holy Quran classes, while another had asked parents to enroll their children in a co-educational school.

He said that a school in Islamabad which had written to parents telling them that after the Supreme Court’s “unfair decision” it was forced to decrease the quality of its standard of education.

An Amicus curiae, Faisal Siddiqui told the court that private schools do not want to have themselves regulated and think the court was exceeding its authority, however, added that the apex court’s interim order was suitable.

Beaconhouse School System lawyer Shahid Hamid suggested that there should be a regulatory authority for schools in each district.

He said that in the last six months no priority was given to education.

To which Justice Faisal Arab asked the lawyer, “Why not talk about the last 70 years?”.

Federal Board of Revenue representative told the court that the private schools are tax defaulters of as many as Rs 1.2 billion, adding, that action is being taken against seven big private schools but a few of them have taken stay orders. The Chief Justice directed the Federal Investigation Agency (FIA) to conduct a forensic audit of the schools who have not returned the fees, taken during vacation.

“We need a strong regulator to regulate private schools,” Saqib Nisar observed. “The issue here is that the regulator is also involved,” he added.

“Saqib Nisar remarked that court can make an implementation Bench after the final hearing of the case,” and adjourned the hearing of the case indefinitely.

 

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