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Privatization of HEC: IHC to take up contempt of court plea today

Islamabad High Court (IHC) will take up the petition of Cargill Holding seeking contempt of court proceeding against Chairman of the Privatization Commission Zubair Ahmed, Director Administration Syed Zain Gillani and a police official on December 08 (today). M/s Cargill Holding Limited (CHL) has filed contempt petition under Article-204 of the Constitution against PC' Chairman Zubair Ahmed, its Director Administration Syed Zain Gillani and an Assistant Sub-Inspector Police Imran.

The CHL' lawyer has submitted that the IHC has granted stay order in a matter on June 2,2015 in a dispute arising out of the purchase of shares of Heavy Electrical Complex (HEC) between the PC about which the petitioner informed to both of the PC functionaries on the same day. The petitioner claimed that on May 21, 2015 his client received a fax letter from the PC informing inter-alia that Letter of Acceptance of (LOP) stood revoked and expiry affiliate of time (45 days) and earnest money deposited on their behalf stood forfeited in favour of the PC owing to their failure to full fill their obligations under JTB and LOA.

The lawyer submitted that after the fax his client filed petition in the IHC to which the court had granted stay order in the matter on June 02, 2015 barring the PC to tender his client's cheque for encashment. The counsel said that on the next date of hearing in the matter the PC lawyer had submitted that Commission has not revoked the transaction and had no intention to do so, and do not intent to re-advertise the auction process from the statement of counsel of respondents/contemnors it is evident that process of Privatization is intact.

The CHL petition claimed that the in spite of the stay order in the matter, the PC had negotiated with some other party to which the petitioner got a notice published in a daily newspaper on September 14, 2015, mentioning all the facts in the public notice.

He said that the respondents/contemnors had confirmed the apprehension of petitioner by publishing notice in Business Recorder Karachi on September 15, 2015 had denied the right title and interests of petitioner publishing, "That it is clarified that the CHL is neither Buyer nor had any legal right in HEC as the LOA stand revoked."

Seeking remedy in the matter the petitioner said that the chairman, director administration of the PC and Islamabad Police were in picture that matter is sub judice before the IHC, even than they lodged FIR illegally to frustrate the process of law. It is worth mentioning that the CHL has also moved the IHC to quash First Information Report (FIR) launched against the company on behalf of the PC under Section 489-F of the Pakistan Penal Code at Aabpara police Station Islamabad. Filing the writ petition under Article 199 of the Constitution read with Section 561-A of the CrPC for quashing FIR No 476/2015 at Aabpara police station Cargill Holding made the State, Station House Officer police station Aabpara and Privatization Commission as respondents.

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