F.P. Report
KARACHI: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Saturday rejected criticism over his visit to the Mayo Hospital in Lahore, saying he does not care about criticism as it is his duty to ensure protection of fundamental rights of the people.
“I have no interest in becoming a leader, but I will continue to provide masses with fundamental rights,” he said, referring to Articles 199 and 184 of the Constitution which allow the courts to step in for the protection of fundamental rights.
The CJP gave these remarks while hearing a petition seeking directives for the provincial government to provide potable water and safe environment in the province. Headed by the chief justice, a four-judge bench – comprising Justice Umar Atta Bandial, Justice Faisal Arab, and Justice Sajjad Shah – was hearing the case at the apex court’s Karachi registry.
Taking on the past and present rulers of the country, he said: “No driver of labourer has ever brought any harm to the country. It is those who have been in power that are responsible for its afflictions.”
He recalled that the Sindh chief minister had complained that his hands have been tied by the court, but added that the court “is ready to give him all freedom if he shows any progress”.
During the hearing, Karachi Water and Sewerage Board (KWSB) Managing Director Hashim Raza Zaidi informed the five-judge bench that of the 550 million gallons of water provided to Karachi from Keenjhar Lake everyday, only 260m gallons is treated.
Zaidi said that a proper mechanism to remove bacteria and germs was not available even in the water that is treated. He also revealed that Rs400 billion have been allocated in the past to clean Karachi’s water.
“Out of the amount, Rs350 billion were spent on filtration while the remainder went to chlorination and addition of other chemicals,” he said.
Zaidi also informed the court that KWSB had received 971 complaints regarding unsafe water, of which 700 had been rectified.
Taking exception to the briefing, CJP Nisar remarked that there seems to have been no progress since the Sindh Water Commission began its investigation nine months ago. “If I do not fulfil my responsibilities as the chief justice, I have no right to remain at my position,” the CJP remarked, asking the MD KWSB to explain why he should remain on his position. He also asked Zaidi what action was taken against those involved in water theft from within the board.
The CJP also inquired about the progress on the Greater Karachi Sewerage Plan, commonly known as S-III, which is scheduled to begin operations in January 2018 according to an undertaking submitted in the court by Sindh Chief Secretary Rizwan Memon. The chief secretary informed the court that completion of Treatment Plant-III (TP-III), a part of S-III, would require three to four more months as civil work on the project was in the last stages, while machinery had been installed.
The CJP asked whether contempt proceedings should be initiated against the chief secretary as he had not been able to get the work completed on time according to his commitment to the court.
“Officials working on the project should have been demoted for the delay,” he remarked.
“The court is determined to ensure provision of safe drinking water to residents and for which the court could extend hearing till mid-night or issue contempt notices to the respondents,” he said.
Expressing annoyance over the provincial government’s ineffective measures to tackle drinking water issues, the CJP said the judiciary has also take up the issue in Punjab.
“Contaminated water is being put in the rivers and lake, which is later provided to the people for consumption,” the chief justice remarked. “We have raised the water pollution issue in Punjab as well, we will get it resolved.”
Justice Nisar added that he holds the chief minister of the province and his cabinet responsible for the provision of clean drinking water to the province. The chief justice further said that due to the consumption of contaminated water, citizens are facing acute diseases, including hepatitis. The CJP was irked by the Sindh government’s inaction on issues of water pollution. “The water commission submitted a report to the Sindh government but no action has been taken so far,” he pointed out.
He also sought an explanation from attorney general of Sindh to inform the court about measures that have been taken after last hearing on December 5. “We want a time-frame on court’s affidavit by authorities,” he said.
He said the court has the authority and power to pass an order under Article 240 of the constitution against officials who breached their undertaking, to make operational treatment and filtration plants, given before the court.
He also observed that as much as 45mgd of contaminated water is being put in the sea on daily basis.
Justice Faisal Arab also observed that the initial cost of the S-III project was, Rs8 billion which had since risen to Rs48 billion. The CJP also ordered the province’s chief secretary to ensure an end to the “tanker mafia” in Karachi within two months and before General Elections 2018.
“This is about the lives of our children.” Justice Saqib Nisar said, adding that the SC was the custodian of fundamental rights of citizens and would not allow for them to be taken away.
“Is it not the right of Karachi’s citizens to get clean water?” he asked, at which Memon responded that things could improve if everyone worked diligently.
“We will work on Sundays as well if we have to,” the CJP responded, asking Memon to ensure the provision of safe drinking water. “We will not leave this matter incomplete even if we have to sit until midnight.”
The hearings of the cases were adjourned until next month.
