SHC dismisses plea for constitution of body to oversee infrastructure restoration work after rains

The Sindh High Court (SHC) has dismissed a petition seeking a direction for the provincial government to lay down new sewerage lines and rebuild roads and other damaged infrastructure during the heavy monsoon rains and prepare a separate master plan for Karachi as not maintainable.

The petitioner, Mehmood Akhtar Naqvi, had submitted in the plea that the recent monsoon rains in the city had destroyed the infrastructure of the city and there should be transparent distribution of funds for the rehabilitation work in the city so that it could not be misappropriated or embezzled.

He submitted that a committee of retired judges of the high court be formed to ensure fulfillment of the fundamental rights and precise disbursement of the funds so allocated by the government to the official respondents, who may submit their report before court.

He submitted that cosmetic and so-called development schemes and tenders would be floated under the pretext of rehabilitation of the city to usurp the funds. He submitted that a separate master plan for the city should be prepared and carried out through the master plan department of the Karachi Development Authority.

A division bench of the SHC comprising Chief Justice Ahmed Ali M Sheikh and Justice Yousuf Ali Sayeed after hearing the arguments observed that the petitioner had sought a direction for the provincial government for preparation of a separate master plan for the city, allocation of special funds for reconstruction of the roads and sewerage lines, etc.

The high court observed that it was the exclusive domain of the provincial government and it was for the assembly to make meaningful legislation for betterment and uplift of the city. The bench observed that the constitution envisaged the trichotomy of powers amongst three organs of the state and it was settled that none of the organs of the state could encroach upon the field of the others.

The high court observed that the petitioner had requested for the constitution of a committee to ensure implementation and exact execution of the reconstruction work after the damage caused by the recent rains did not appeal to reason as the petitioner and/or voters of the respective areas may raise their voice and get the issues resolved through their elected representatives.

The judges observed that the court did not find any force in the petition and dismissed the same as not maintainable.

Plea against Pemra ban

The Sindh High Court (SHC) on Friday disposed of a petition filed by the Pakistan Tehreek-e-Insaf (PTI)against the Pakistan Electronic Media Regulatory Authority’s (Pemra) prohibition order on the live telecast of PTI Chairman Imran Khan’s speeches on electronic media as it was withdrawn by the PTI’s counsel.

PTI Sindh President Syed Ali Hyder Zaidi had submitted in the petition that while addressing a public rally against physical and mental torture on PTI spokesperson Shahbaz Gill, the PTI chairman vowed to take legal action against relevant quarters of Islamabad’s subordinate judiciary who had failed to take proper action in accordance with the law.

He had submitted that Pemra issued the impugned notice purportedly declaring the statement from Khan’s address as hate speech and prohibited broadcast of all live speeches of the PTI chief on all satellite television channels with immediate effect.

He had submitted that the PTI chairman’s statement had been incorrectly labelled as hate speech and it only referred to taking action by way of legal recourse and made no reference to any vigilante justice nor did he overtly or implicitly by words or conduct threaten well-being of the relevant Islamabad police and subordinate judiciary members.

Zaidi had submitted that Khan’s statement did not demonstrate hate speech and it was also not a provocative statement that incited violence against the institutions. According to the plea, the impugned notification was not only in violation of the Article 19 of the constitution but also in violative of the Pemra Ordinance.

He had submitted that Pemra had taken illegal action on instigation of the ruling political party in the federal government to settle the outstanding political rivalries. The high court was requested to declare the impugned notice with regard to ban on the live telecast of Khan’s speeches as illegal and in violation of the fundamental rights of the citizens.

When the counsel for the PTI was asked to satisfy the SHC about the maintainability of the petition as the PTI was not an aggrieved person in the matter, the counsel informed the high court that he wanted to withdraw the petition, after which the SHC dismissed the same as withdrawn.