SC warns secretaries on failure to appear in pollution case

Two-member bench says all ongoing projects will be stayed if contamination of Manchar Lake water not stopped

KARACHI: The Supreme Court on Friday took serious exception to the failure of the federal finance and planning secretaries to appear on its orders and warned it would issue bailable warrants to ensure their appearance to answer queries in a suo moto case with regard to pollution in the Manchar Lake.

A two-member bench, headed by Chief Justice Anwar Zaheer Jamali, observed that both the secretaries did not appear despite the court's orders, and that was tantamount to disobeying the orders.

It said the court would issue bailable warrants through the Islamabad SSP against the federal secretaries as well as contempt notices with directives to explain why contempt-of-court proceedings may not be initiated against them for disobeying the court directives.

To a court query about the contamination of water in the Manchar Lake, one of the largest freshwater bodies in Asia, Wapda Chairman Lt-General (retd) Muzamil Hussain submitted that the issue of contamination could only be resolved after the completion of RBOD-I, II and III, but those projects could not be completed due to lack of funds.

The court took notice of the government’s apathy towards resolving the grievances of people residing around the lake, and observed that the government was not concerned about protecting the local population and environment of the area facing destruction from water
contamination due to discharge of effluent into the lake. 

The bench observed that elected representatives of the area did not bother to resolve the issue. It warned that it would stay all ongoing projects if water contamination was not stopped, observing that the lives of citizens “are above all of such development projects”. The apex court said that despite the court orders, effluent was being discharged from Balochistan and other sources that caused contamination in the lake.

The joint secretary of the finance ministry showed up and informed the court that Rs800 million had been released to the provincial government in the last two years; however, a report on the utilisation of funds had not been received by the federal government.

Private applicants, who are residents of areas close to the lake, submitted that waste and other effluents were also coming from Balochistan and other sources into the lake. One of the applicants alleged that his father was subjected to torture by unidentified persons for raising voice in the court against non-supply of water.

The bench directed the advocate general to ensure protection for the applicant and cautioned that the irrigation secretary and engineer concerned would be held responsible if any harm was caused to him.

It directed the Wapda chairman and other stakeholders to take immediate steps to address the contamination issue and submit a report within one month. Meanwhile, the Supreme Court directed the federal government to hold a meeting for the approval of treatment plant projects so that the issue of delay in the release of funds for such projects could be resolved.

A two-member bench, headed by Chief Justice Anwar Zaheer Jamali, was hearing identical petitions filed against environmental pollution in the city harbour and coastal areas being poisoned due to the release of industrial waste.

The court observed that no substantial progress had been made despite repeated court directions issued during proceedings pending since 1992. Chief Secretary Siddique Memon submitted that the provincial government had sent redesigned schemes of treatment plants to the federal government but the release of funds was still awaited.

He said the Central Development Working Party had to deal with the issue of treatment plants and their designs and forward them to the prime minister for final approval. The court observed it was expected that the federal and provincial governments would ensure that sewerage treatment plants’ projects for Karachi were completed as soon as possible to control the growing contamination of seawater.

It said all the departments concerned were blaming each other for the delays in adopting preventive measures while citizens were forced to face its consequences. The CJP observed that the issue had been discussed on paper over the last 24 years, while citizens were compelled to drink filthy water.

In most parts of Karachi, the court observed, citizens were receiving drinking water mixed with sewage while the relevant authorities were not even resolving the issues involving public interest at large.