Decision on registration of FIR against CM, ministers today

Karachi
The District and Sessions Court (South) will announce its verdict on the issue pertaining to the registration of a first information report (FIR) against Chief Minister Qaim Ali Shah, information and local government minister Sharjeel Memoon, health minister Jam Mehtab Dahar and other government functionaries for hundreds of deaths during the outgoing heatwave.
The court heard arguments on Thursday but reserved its verdict till Friday over whether a case should be registered at the Civil Lines police station by the Pakistan Tehreek-e-Insaf leader Imran Ismail for the deaths of up to 2,000 people on account of the excruciating heat and criminal negligence in taking protective measures.
The court was informed on behalf of the Civil Lines police station that no one had died of heat stroke within its jurisdiction and the complainant who was trying to register a case (Imran Ismail) had failed to submit any reports issued by any medico-legal officer’ (MLOs).
The court was further informed that no necessary legal requirements were fulfilled by the complainant.
However, attorney for the plaintiff, Advocate Shaikh Jawaid Mir, argued that the provincial government had known at least a year before about the upcoming heatwave but did not take a single step to protect the citizens. On the contrary, he said, the Administrator Karachi left the country and stayed abroad while the government too did not make any effort to address the issue resulting in the deaths of more than 2,000 people on account of the poor performance of the chief minister and other defendants in the case.
The application filed under Section 22-A of the criminal procedure code claims that around 2,000 people lost their lives in Karachi due to the devastating heatwave.
The applicant Imran Ismail nominates Sindh Chief Minister Syed Qaim Ali Shah, information and local government minister Sharjeel Memon, health minister Jam Mehtab Dahar, Karachi Metropolitan Corporation Administrator Saqib Soomro, chairman of the provincial disaster management authority Salman Shah and others in his application as accused. The application argues that the deaths were caused due to the apathy demonstrated by the entire government apparatus, especially the nominated persons.
Imran Ismail, who is the PTI’s deputy secretary general, maintained that the chief minister had been the provincial chief executive of Sindh for over seven years and he, along with the proposed accused, deliberately and intentionally did not take any precautionary steps regardless of the fact that the inter-governmental panel on climate change — a scientific body powered by the United Nations — had issued a report almost a year ago that temperature would increase further in the country.
The applicant submitted that neither any awareness campaign for the general public prior to the heatwave was initiated, nor did the health department come up with any plan to handle the rising temperatures.
He said instead of playing their due role, the attitude of the departments of Zakat, Baitul Mal, local government, social welfare, provincial disaster management authority and others was such that they were pre-determined to let thousands die on the pretext of heatwave.
Ismail also contended that the mens rea (guilty mind) of the proposed accused was exposed from the fact that high-risk localities were not identified, provision and easy access of drinking water, shades for outdoor workers and efforts for energy generation were not made, nor was there any system for early warning of weather forecast for helping people to be prepared in advance.
He further submitted that people of the city had been left at the mercy of charity organisations and there had been no adequate arrangements at hospitals to treat the heat-affected patients while the mortuaries and graveyards also ran out of space.
He added that when people were dying, the chief minister and others were making arrangements for a grand Iftar party.
He said KMC administrator Soomro and several ministers also kept enjoying their holidays abroad and did not return at the time of need and his office remained vacant until the media highlighted his absence.
In his application, the PTI leader suggested the heat-health project developed by the Indian state of Gujarat for Ahmedabad, which faced identical temperatures, could be a possible model in diminishing people’s sufferings.
The Ahmedabad Heat Health Plan had been recognised globally for its success and was named as one of the top 20 projects at the Sendai Conference of Disaster Risk Reduction in early 2015, he added.
The applicant also made the Civil Lines SHO a respondent in the case and submitted that he had approached the SHO with an application to lodge a case against the proposed accused under Sections 302 (premeditated murder), 322 (punishment for qatl-bis-sabab, causing death unintentionally) and 109 (abetment) of the Pakistan Penal Code. However, said the PTI leader, the SHO refused to entertain his application and asked the court to direct the police to set the law in motion by lodging an FIR immediately against the proposed accused.
The judge incharge of the District and Sessions Court (South), Sikandar Ameer Pahore had put the Civil Lines SHO on notice and to submit a reply. The SHO informed the court on Thursday that the application was not maintainable as the applicant was not an aggrieved and had failed to fulfil the legal requirements for registration of a case to this effect. The court will announce its verdict today (Friday).