Additional District and Sessions Judge (East) Abdullah Channa absolved all the five KESC staffers of the charges of criminal negligence while disposing of an application filed against them for causing damage to the property of the complainant.
All the five KESC staffers — Bashir Ahmed Sheikh, Tufail Hussain, Javed Iqbal, Khalid Mehmood and Fayyaz Ahmed — were absolved of the charges of criminal negligence that caused burning of electrical appliances and damaging the house of complainant Asif Hanafi in Awami Colony area on April 4 last year. The judge observed that if the complainant has any grievances against the KESC he may file a civil suit under the fatal accident clause.
The judge observed that the prosecution could not establish any motive, enmity or ill will of the accused. Besides, nothing was mentioned about the burnt articles in the challan. The judge observed that the prosecution witnesses were interested witnesses who happen to be the relatives of the complainant and there was no probability of convicting the accused persons since the charges against them were groundless.
Asif Hanafi had filed an application under Section 22-A in the court of District and Sessions Judge (East) Sadiq Hussain Bhatti through his counsel Naheed Munawar, who is also the Chairperson of Pakistan Human Rights Association and Legal Aid, that on April 4, 2009 the power supply of Awami Colony, Korangi, exceeded from 220 volts to 440 volts and consequently his entire house situated at Korangi Double Room Quarter was burnt and the goods were reduced to ashes, causing him a loss of Rs 35 million.
He prayed the court that relevant police station be ordered to register an FIR against the KESC staffers who were on duty at that time. The DJ East referred the matter to ADJ Sanaullah Ghori for necessary action.
On court orders, Awami Colony police registered FIR No. 549/09 under sections 435 (mischief by fire or explosive substance with intent to cause damage to the amount of one hundred rupees), 436 (mischief by fire or explosive substance with the intent to destroy house, etc), 437(mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden) and 34 (common intention) of the Pakistan Penal Code against five KESC staffers, namely, Bashir (Manager KESC Bilal Colony), Assistant Manager Mohammed Tufail, and three technicians Fayyaz, Khalid and Javed. Later, the name of Javed was removed from the FIR for want of evidence.
However, the KESC filed an application under Section 265-K for dismissing the case, submitting that it was a routine matter and there was no negligence on the part of KESC or its staff. It contended that the complainant should file damages suit since it was purely a civil matter.
Complainant’s counsel Naheed Munawar advocate strongly opposed the KESC’s plea, contending that all evidences and witnesses proved that it was a case of total negligence on the part of the KESC and the matter may be tried in the court.
Supporting the counsel, Additional District Public Prosecutor Amir Ibrahim Dasti said that it was sheer negligence on the part of KESC as it caused damages to the tune of millions of rupees.
