Intervene when compelled, says CJP

KARACHI: The Chief Justice of Pakistan, Justice Mian Saqib Nisar on Saturday observed he was compelled to intervene in the functions of the executive due to lack of basic facilitates to the citizen making clear that no one will hear his name after retirement.

Hearing a petition about non-supply of clean drinking water and lack of sewerage system in the province, the Supreme Court’s three member bench headed by Chief Justice Mian Saqib Nisar observed that improvement is being seen in the cleanness of the city and Karachi seems to have changed after the directives of the Supreme Court.

The Chief Justice directed the civil right campaigners to remove banners of his pictures from the city. He said he is not bothered by the criticism that suo moto notice on human rights issues is being taken for popularity, while observing that after retirement no one will hear his name. He inquired from the senior journalist Mazhar Abbas if he thinks that he (Chief Justice) wanted to take over the executive function by initiating suo moto proceedings? Mazhar Abbas responded it is the function of the executive to carry out the directives of the judiciary. Abbas said the city’s infrastructure has been destroyed due to mushroom growth of the multi storeyed buildings. He said a service road has been encroached near Karsaz by the Naval authorities.The Chief Justice observed that all the encroachments will be removed from irrespective of illegal action by any authority.

The court directed the Mayor Karachi and other civic authorities to remove encroachments from drains and submit details of such illegal constructions so appropriate orders could be passed. On complaints of citizens that high rise buildings have been constructed despite the Supreme Court’s permission upto six floors, the court directed the applicants to file separate applications with evidence of such violations. The court observed that the permission was granted to protect the construction industry from collapse. The Chief Justice observed that he will personally monitor the progress on cleanness, provision of clean water and sanitation and if felt necessary he will preside over the court proceedings in Karachi on daily basis.

Meanwhile, Supreme Court constituted a committee comprising doctors of the Aga Khan Hospital to investigate the death of infants at hospitals at Mithi due to malnutrition and diseases and submit report within one month. Hearing a suo moto case into the issue, the court took exception over the performance of the provincial health department. The Advocate general Sindh Zamir Ghumro submitted that government is providing facilities in the government run hospitals but the infant death were caused due to malnutrition, diarrhoea and pneumonia. The counsel of the parents however opposed the health department report and demanded independent inquiry of the cause of infant deaths.

Expressing concern over state of affairs in the government run hospitals in Larkana, the Chief Justice observed that he felt ashamed after watching the pathetic condition of a hospital, in a video sent by a citizen. He asked the former Chairman Senate Raza Rabbani to visit the hospital and examine the condition of the hospital in Larkana.

The court was informed by a litigant that expired medicines and vaccines are being supplied to the hospitals and requested the court to constitute a joint investigation team for the purpose The secretary health denied the allegation, but said the mishandling of medicines by staff could not be ruled out. The court observed that incinerators in the hospitals were installed at the intervention of the courts despite it being the obligation of the executive, although the judiciary is criticized for intervening in the function of executive.