KARACHI: The Sindh High Court on Monday directed the Defence Housing Authority (DHA) to remove barriers from all streets in its jurisdiction.

A two-judge bench headed by Justice Yousuf Ali Sayeed passed this order while hearing an application seeking to initiate contempt of court proceedings against the DHA for failing to remove all illegal barriers from the streets despite court directives.

The lawyer for the DHA submitted that all the barriers had been removed in compliance with the court order, but the applicant’s counsel claimed that certain concrete barriers were still installed in DHA Phase-I.

The bench asked the DHA to ensure that such barriers were removed and adjourned the hearing for a date to be fixed later after summer vacation.

Resident moves SHC seeking contempt proceedings against DHA for not complying with its earlier order

Dr Mazhar Naeem had filed a petition in 2014 seeking removal of illegally paced barriers from the streets in DHA Phase-I. In 2015, the SHC had disposed of the petition and ordered the DHA to remove such barriers.

Later, the counsel for the petitioner had filed an application seeking contempt proceedings against the DHA and others for not complying with court order.

At the last hearing, the SHC had directed the alleged contemnors to file a compliance report.

At the outset of the hearing on Monday, DHA lawyer Zaeem Haider filed a statement in compliance with the earlier orders of the SHC, stating that all blockades had been removed.

However, applicant’s lawyer Najeeb Jamali also filed a statement and claimed that such barriers still existed in Phase-I of the DHA.

He also submitted that the alleged contemnors were continuously disobeying the SHC orders as rather than removing the barriers they started raising construction of a centre island on 15th East Street in Phase-I, blocking the access of the petitioner to the said street without even realising that it would also block the drainage system there.

The bench in its order stated, “DHA is directed to ensure that such barriers are removed towards compliance of aforementioned order.”

It was stated in the petition that placing barriers was against the basic layout of DHA Phase-I as well as in violation of fundamental rights of the residents.

However, the DHA had argued that the barriers had been installed on the request of residents in view of serious law and order situation being created by miscreants and criminal elements “who usually came from adjoining Azam Basti”.

The SHC had in its 2015 ruled: “We may observe that blocking of public roads, streets and thoroughfare permanently, or even for temporary period, except in accordance with law, or with the permission or by the orders of any competent court of law, authority or to meet some imminent threat to life and liberty of public at large without violating any law or affecting fundamental rights, shall always be avoided.”

It had directed the DHA to remove permanent barriers from 8th and 16th East Street, DHA Phase-I and instead install moveable blockades, which must be managed by guards round the clock and ensured that the petitioner and other residents of the area may have free access on public roads.

Published in Dawn, June 27th, 2023