HYDERABAD: The Sindh High Court, disagreeing with government’s move to appoint a steering committee with the task of proposing measures to ensure provision of clean drinking water to people across the province, has allowed the chief secretary three weeks’ time to update the court on the progress made so far.

According to a March 22 order issued on Monday, the chief secretary, Syed Asif Hyder Shah, has submitted to the court a March 21 notification regarding formation of a steering committee which was taken on record by the court. The CS stated that the government needed Rs150m to resolve drinking water issues through tube-wells and RO (reverse osmosis) plants.

The division bench comprising Justices Shamsuddin Abbasi and Amjad Ali Sahito disagreed with the notification and observed that the recommendations of the Supreme Court-appointed water commission had to be complied with. “No new plans are required to be made through any committee”.

The court said the issue in hand had a direct nexus with SC’s Jan 28, 2020 order. “We, therefore, cannot understand what proposed committee notified by Sindh government will do. We direct CS to place before us copy of recommendations of water commission for our perusal and progress if any that has been made in compliance with directives of SC,” it said.

Asks CS to comply with apex court’s 2020 order

The court said that chief secretary’s report should contain a mechanism for compliance of the water commission’s recommendations. The report and a copy of the water commission’s recommendations should reach court three days before April 18, the next date of hearing, it added.

The court directed the CS to appear in person on April 18 along with the advocate general Sindh at 11am.

The bench observed: “we cannot lose sight of orders of SC dated Jan 28, 2020 passed in CP 38/2016 wherein while disposing of petition, SC had directed government to submit periodic reports of each district of Sindh regarding compliance of recommendations of water commission”. Admittedly, it said, the entire record of water commission was ordered to be handed over to CS Sindh, who was required to ensure its safe custody. SC had directed CS to update progress in terms of recommendation of water commission and compliance is required to be made as per recommendation of water commission.

The one-man water commission appointed by the apex court was headed by retired Justice Amir Hani Muslim on a petition filed by Advocate Shahab Osto in 2016.

The SHC division bench, Hyderabad circuit, has been hearing a petition filed in 2021 by Aftab Ahmed, Noor Ahmed and Ali Akbar, residents of Johi, who are represented by Advocate Gulzar Ali Almani.

The petitioners have submitted in court that 90pc of water supplied to Johi, Mehar and Khairpur Nathan Shah talukas is not fit for human consumption. The subsoil groundwater is also brackish. They have prayed the court to order installation of RO plants in these talukas and execution of water supply schemes backed by solar system.

The CS has now been allowed three weeks’ time to submit a comprehensive report along with ToRs (terms of reference) of the proposed steering committee in line with the March 7 order of the bench.

In its March 7 order, the bench had noted that the respondents and additional advocate general (AAG), Sindh, had filed their reports but court was not satisfied with these reports. It had observed that “no serious efforts were made by concerned quarters to meet needs of public and provide clean drinking water and take steps to plug sources which caused contamination of river and canal water”.

“It is common knowledge of public all municipal, industrial, medical water and sewerage and polluted water were released in river and canals untreated,” said the bench.

“We believe no steps have been taken by Sindh government and this court being executing court of SC cannot lose sight of fact that orders of SC are not complied with,” read the March 7 order.

Published in Dawn, March 26th, 2024