The Sindh High Court on Thursday ordered registration of FIRs against the political parties’ heads and chief executive officers of companies whose banners and advertisements are found on any public property, as well as candidates whose names, pictures or posters have been displayed on any public property.
The direction came on a petition against the installation of billboards, signboards and banners on public properties. The court once again directed the Karachi commissioner, DCs, KMC and cantonment boards of the city to ensure removal of all billboards, hoardings and advertisements from all public properties of the city.
A division bench headed by Justice Nadeem Akhtar inquired the provincial law officer, KMC and others about the removal of billboards from public properties. The Sindh IGP submitted in his report that he has communicated the order of the court to all SSPs of Karachi. The deputy commissioner of District East submitted that his office had extended administrative support to all civic and municipal authorities and cantonment boards in District East. He submitted that the KMC was authorized to remove encroachments within its limits under the Sindh Local Government Act from public properties.
The Cantonment Board Clifton said all billboards have been removed from its jurisdiction, while a Malir Cantonment Board official stated that no permission was granted for the installation of billboards on any public property.
The KMC however did not file any response to the petition. The counsel forthe petitioner strongly disputed the contents of the report filed by the cantonment boards and asserted that billboards, hoardings and posters can be still seen on public properties all over the city.
The counsel submitted that the menace of misuse and abuse of public properties could not be eradicated till now despite the orders of superior courts. They also submitted that now the banners and flags of political parties are commonly seen on public properties because of the upcoming general elections.
The court was informed that under Section 180 of the election law, political parties and persons cannot affix hoardings or hoisting flags on public properties. The court directed the commissioner, DCs and cantonment boards to ensure removal of the billboards and banners from public properties in the city and submit compliance a report, warning that appropriate action will be taken against them in case of non-compliance.
The court directed the civic agencies and authorities to submit details of various contracts that have been purportedly executed by them in respect of billboards, banners and hoardings for advertisement. The court also ordered registration of FIRs under the Sindh Public property (removal of encroachment) Act 2010 against the CEOs of companies whose products were being advertised on public properties as well as against heads of political parties whose banners and flags are found on any public property.
Dr Syed Raza Ali Gardezi filed the petition in the SHC for the enforcement of the Supreme Court’s order with regard to the removal of billboards from the public properties of the city.
He submitted that clear directions have been given by the Supreme Court not to permit billboards or hoardings on any public property as defined in the SC order, but despite such clear and authoritative orders, billboards and hoardings are now once again being seen throughout the city, which are being permitted by all government departments agencies, including, but not limited to, cantonment boards, KMC, commissioner and all the deputy commissioners of Karachi.
The petitioner submitted that pedestrian bridges, electric poles and trees planted on public properties on which are prominently placed both advertisements of products and services as well as advertisements of political parties which are campaigningfor the upcoming provincial and national elections. He said that it is a well-settled principle that a public property cannot be used for any personal, commercial and/or political purposes or gain.
