TO digress, as we must because it affects our survival, a quote from the front page of yesterday`s edition of this newspaper of record — first the headline `FO admits ties with US strained`, under which is a recording of the “politically and diplomatically” strained relations due to the ongoing drone incursions.

“Pakistan is against the violation of the sovereignty and national territory of any state.”

Well, we plebeians cannot solve the problem and neither for sure can the FO. What the FO can do is to tell the Americans, even indirectly, that “You have got us into this mess, now get us out of it. Your machinations have seated our present president and he now reigns and rules at your behest and to the best of his ability.”

His ability must be questioned as there appeared in last week`s press a news item announcing that Sharmila Farooqui, niece of deputy chairman of the Planning Commission, Salman Farooqui, and daughter of Usman Farooqui of Pakistan Steel Mills fame, has been appointed adviser to the Sindh chief minister. If we can believe it, as reported, “President Asif Ali Zardari had directed the chief minister to appoint her as special adviser owing to her sacrifices for the party.”

It would be of immense interest to know, just in this one particular case of nepotism, exactly what her sacrifices were, and as she will presumably be paid for her advisory services from the national coffers we need to know her qualifications to advise and precisely what will be the subject upon which she will tender advice to Commuter Qaim Ali Shah (who in this dispensation also spends much of his time commuting between Karachi and Islamabad — thanks to the advent of technology, flying and not on horseback).

Now, to use one of the favourite phrases of our former president, Gen Pervez Musharraf, we must move to the `core issue`, which our judiciary can well solve. Last week`s column was devoted to Gutter Baghicha, out of which area I suggested that a park be carved, laid and nurtured and named after Benazir Bhutto. It brought in many responses, mainly from those settled abroad who elaborated on the virtues of London`s Hyde Park, New York`s Central Park, Paris`s Bois de Boulogne, Washington`s Orchard Park, and so forth.

Parks and open spaces are necessary if the citizens of cities are to be allowed to `breathe` in their congested polluted and overpopulated environments. An open space such as Gutter Baghicha in densely populated Lyari is not only a boon but almost a `must`.

The fight for the preservation of Gutter Baghicha started 17 years ago way back in 1991 when the KMC went to the Supreme Court and filed a writ petition against the Government of Sindh asking that the land be handed over so that the KMC could construct offices, cooperative housing societies and such constructions.

The NGO Shehri intervened in 1993, pleading that the space should be retained as a park. The land was handed over to the KMC and a stay was granted which lasted until 2003 when, at the request of the CDGK which had replaced the KMC, the Supreme Court directed the two parties to settle the matter out of court through negotiations and in consultation with Shehri.

Nothing happened until 2005 when it was found that the CDGK was, on the quiet, trying to implement the original KMC plan. Shehri filed a contempt application in the Supreme Court maintaining that it had not been consulted. The application was dismissed in 2006. Shehri immediately filed a constitutional petition in the Sindh High Court against the CDGK and others who were aiming to convert Gutter Baghicha from an amenity plot into residential/commercial plots, and a stay was granted. The stay remained in force until the petition was dismissed early this year as having been already decided by the Supreme Court contempt application.

Then, Shehri appealed to the Supreme Court against the dismissal and was advised by the Court to file a suit in the Sindh Hight Court as a constitutional petition did not lie. Shehri did so, against the CDGK and others, and a stay was granted.

Herewith an excerpt from the order handed down in the Sindh High Court on Oct 23, 2008 signed by Justice Gulzar Ahmed “It is contended by learned counsel [needless to say Naeemur Rehman] that there was a garden maintained by erstwhile KMC by the name of Gutter Baghicha in Lyari, which was of about 1,000 acres of land and that such Garden was being enjoyed by the people of Lyari and adjoining area for almost about 100 years. He states that the KMC allotted about 200 acres of land out of said Garden to Defendant No. 3 against which the plaintiff filed Human Rights Petition No. 6-K of 1993 in the Honourable Supreme Court, which was disposed of vide order dated 29.5.2003 in the form of a compromise that the matter will be settled by negotiations among the parties.

“He states that as such order was not complied with by the KMC the petitioner filed a contempt petition in the Honourable Supreme Court which was disposed of and the petitioner filed C.P. No. D-17 of 2006 in this Court which also came to be dismissed vide order dated 14.2.2008, against which a Constitutional Petition was filed in the Honourable Supreme Court, which has been decided by order dated 19.8.2008 whereby the petitioner has been advised to avail the remedy by way of a Civil Suit. Learned counsel states that in the Human Rights Petition, the contempt petition ... in the Honourable Supreme Court and the Constitutional Petition in this Court a status quo order was operating and that unless such a status is continued the plaintiffs apprehend that the defendants will create further third party interest in the said Gutter Baghicha garden.”

Now, the case will be heard by Judge Gulzar Ahmed in the High Court of Sindh on the 12th of this month. The poor people of Lyari have been fighting to save this baghicha of theirs for the past 17 years. What they now need is help and money. Will President Zardari, placed as he is, help them? After all, Lyari was his wife`s constituency from which he and his party will continue to glean political support.

arfc@cyber.net.pk