KARACHI: The removal of all billboards and hoardings from public properties across the city in compliance with a Sindh High Court order may take more time as the Karachi Metropolitan Corporation (KMC) informed the SHC that the matter was still pending before the apex court.
On Dec 15, the SHC had directed the commissioner, district administrations and cantonment boards to remove all billboards, hoardings, advertisements and political banners from public properties across the city within 15 days. The court passed this order while hearing a petition filed by a non-governmental organisation seeking implementation of a Supreme Court judgement handed down in 2015-16 against installation of billboards and hoardings on public spaces.
KMC lawyer Shahab Sarki argued that an ex-parte order had been obtained from the SHC on Dec 15 by the petitioner through misrepresentation of facts.
He also submitted that the apex court had passed an order about removal of billboards in 2015, whereafter various subsequent orders had been passed by the Supreme Court on the subject matter.
On Dec 15, bench had ordered commissioner to remove billboards, hoardings and political banners from public property within a fortnight
The counsel further contended that on Dec 20, the top court of the country had also taken up the subject matter, intimated about framing of rules pursuant to its earlier orders i.e. Sindh Local Council (Advertisement) Rules, 2021 and directed the KMC and others to place on record such rules and point out violation, if any, pursuant to framing of rules.
Therefore, the lawyer argued that the matter was sub-judice before the apex court, but on Dec 15 SHC had directed authorities for ensuring compliance of the apex court order without taking into consideration the subsequent developments before the Supreme Court as well as framing of rules.
Allowing the urgent application, a two-judge bench, headed by Chief Justice Aqeel Ahmed Abbasi, said, “Prima facie it appears that order passed by Hon’ble Supreme Court of Pakistan as referred to in the order dated 15.12.2023 are not as such modified, therefore, respondents may file comments while pointing out the subsequent development including framing of the rules, whereafter, appropriate order may be passed after hearing the parties in accordance with law.”
“It is clarified that the respondents may consider the aforestated developments including the order passed by Hon’ble Supreme Court of Pakistan on 20.12.2023 and the rules framed pursuant to order passed by the Hon’ble Supreme Court of Pakistan while seeking enforcement,” it concluded.
On Dec 15, a division bench comprising Justice Nadeem Akhtar and Justice Mohammad Abdur Rahman also ordered the mayor of Karachi to submit details of various contracts which had purportedly been executed by them in respect of billboards and hoardings that existed on such public property.
It also asked the inspector general of Sindh police to ensure compliance with the orders of the apex court as well as the SHC through relevant SSPs of each district, and SHOs should register FIRs against persons found responsible for placement/fixation of such billboards.
Published in Dawn, December 30th, 2023
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