Karachi
A sessions court reserved order on the admissibility of an application filed by Karachi Electric Supply Corporation under Section 265-K of Criminal Procedure Code.
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 staff who was on duty at that time. DJ East referred the matter to ADJ East Sanaullah Ghori for necessary action.
Initially, the case was transferred to ADJ East Abdullah Channa who, after hearing the arguments of both the sides, ordered the SHO Awami Colony on May 19, 2009 to register a case in this regard, but the direction was not complied with.
Later, the case was transferred to the court of ADJ (East) Sanaullah Ghori who issued order on September 21, 2009 for registering an FIR against the KESC staff for their negligence in duty, which caused huge fire not only in the house of the complainant but also engulfed the adjacent houses and electronic goods worth millions of rupees were reduced to ashes.
Consequently, Awami Colony police registered an 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.
Interestingly, none of the suspects nominated in the FIR was arrested and despite several court notices they were not produced in the court. Finally, the court declared them absconders.
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 of KESC and the matter may be tried in the court.
Supporting the counsel, Additional District Public Prosecutor Mohammed Amir said that it was sheer negligence on the part of KESC as it caused damages to the tune of millions of rupees.