KARACHI: The Supreme Court on Monday directed Sindh Chief Minister Murad Ali Shah to appear in court on Wednesday as the provincial government’s “satisfactory reply” on the issue of provision of clean drinking water and safe environment was not forthcoming.

Headed by Chief Justice of Pakistan Mian Saqib Nisar, a three-judge bench was hearing the constitutional petition of Shahab Usto, a concerned citizen and lawyer, against the provincial government’s failure to provide potable water, better sanitation, environment and associated issues.

The bench also comprised Justice Faisal Arab and Justice Sajjad Ali Shah.

At the outset of the hearing, the CJP paid compliments to petitioner Usto for moving the court on the water issue and observed that air and water were the two biggest blessings of Almighty God and the state was under constitutional obligation to ensure provision of clean drinking water and safe environment as “no one can live without them”.

“This is a matter of people’s lives, it cannot be ignored”, the CJP said, adding that the chief minister would be asked to spell out all the steps he had taken in this regard.

He said that it must not be thought that the apex court was conducting any adverse proceedings against the authorities. “The judiciary must intervene when the government fails to fulfil its responsibilities.”

Former Karachi mayor Mustafa Kamal also told to appear in court tomorrow

CJP Nisar remarked that there would be no compromise on air and water pollution, adding “the high officials will also be summoned in the case if necessary.”

He said that air and water pollution was giving rise to diseases such as cancer, among others.

The bench had earlier constituted a judicial commission, headed by Justice Iqbal Kalhoro of the Sindh High Court, to probe the government’s failure in providing safe water to the people of the province.

When the bench asked the petitioner to give a history of the water-related issues, Advocate Usto informed the judges that the people in 29 districts across the province were drinking contaminated water which was absolutely not fit for human consumption.

“Ninety-one per cent water in Karachi, 85pc in Hyderabad, 88pc in Larkana and 78pc in Shikarpur is contaminated,” he said, while quoting the reports of the Pakistan Council of Research in Water Resources.

The petitioner also informed the judges of a video made by the judicial commission and requested them to watch it.

“Why shouldn’t we order Pemra [Pakistan Electronic Media Regulatory Authority] to show the video on television channels,” the chief justice observed.

Advocate Usto stated that the people were being supplied with unfiltered, untreated water across the province. Responding to this, the chief justice remarked: “We grew up drinking unfiltered water but during those days that water was beneficial.”

He said that there were four water filter plants in the city which got 650 million gallons water daily. “However, none of these plants is functional,” he added.

He said that waste from hospitals, industries and municipalities was disposed of in rivers across Sindh without proper treatment as the three treatment plants were also not functional.

“Those who are responsible for this, why aren’t they doing anything,” questioned the CJP. He asked that those who went to people and promised them that they would do this and that, why they turned a blind eye towards this.

“Such people make big claims but they cannot supply clean water to the nation. Is there anyone who can solve the problems of the nation?”

“We are not the people who bear any grudge against anyone,” the CJP said and added that the judges only wanted solution to the problem.

Adjourning the matter initially to Tuesday, the CJP ordered that the Sindh chief minister be present during the hearing.

Sindh Advocate General Zamir Ghumro requested the court to give time to clarify the issue before summoning the CM.

However, the bench declined his request observing that the judges wanted the person who was responsible for the projects to appear before the court.

The CJP observed: “Supreme Court is a constitutional institution which is hearing a case pertaining to human rights. If the CM appears before the court then we can move towards solving the issues.”

Addressing the AG, the chief justice asked him why he was getting worried. “We just want to meet the CM and he should come here and solve the issue,” he added.

CJP Nisar said if the issue was not resolved this way, then the court would issue orders. “We can’t stay quiet over the prevailing danger to human lives,” he remarked.

Later, the AG informed the court that the CM was not in the city on Tuesday. The bench put off the hearing to Wednesday directing the CM to ensure his presence during the next hearing.

When the petitioner informed that one of the city’s former mayors had leased out 50 acres of a treatment plant to some displaced people, the court asked him why he was not taking the name of the mayor.

To this, the petitioner said: “I am not scared of anyone. Former mayor Mustafa Kamal illegally allotted the land for the Mehmoodabad treatment plant.”

The court directed Mr Kamal, who was the mayor from 2005 to 2010, to appear in court on Wednesday to inform who did he ask before allotting the 50 acres reserved for the Mehmoodabad treatment plant.

Plea against ban on high-rise buildings Later, the bench took up different miscellaneous applications of builders and others against the order of a judicial commission that clamped a total ban on the grant of permission for the construction of high-rise buildings in Karachi.

During the hearing, the CJP observed that public interest would prevail over individual interest.

“Why aren’t new cities set up instead of high-rise buildings?” asked the CJP.

He remarked that the CM would also be asked about this matter.

Published in Dawn, December 5th, 2017