SHC directs water utility to auction off hydrants transparently

Orders sale to be in accordance with
public procurement rules and KWSB act

The Sindh High Court (SHC) has directed the water utility to auction off six hydrants in different parts of Karachi transparently and in accordance with the relevant rules.

The order came on a plea seeking an injunction against the move. Petitioner Moulvi Iqbal Haider said the Karachi Water & Sewerage Board (KWSB) had advertised for auctioning off a hydrant in each district of the city for two years on an “offer rates” basis, a move that would make the commodity more expensive.

He added that the KWSB had failed to supply potable water to the citizens, especially in terms of replacing narrow pipelines in densely-populated areas with bigger ones.

He lamented that the utility, instead of improving its infrastructure for water supply and upgrading its sewerage system, was focusing on tankers and hydrants at the behest of or with the connivance of the tanker mafia.

He said the six hydrants being auctioned would generate Rs4.2 billion a year for the KWSB, adding that citizens were forced to turn to water tankers, each costing up to Rs4,000.

He expressed fear that once the contract for hydrants was awarded, the commodity would be sold on the rate of mineral water. This, he said, could not be permitted under the law and, therefore, inviting offers was “unjust, unfair and illegal”.

Haider said the KWSB had misinterpreted the Supreme Court’s orders and the utility’s chief had committed to operating the hydrants only in case of an emergency such as heatwave or water shortage.

He added that the provision in the tenders whereby the six hydrants would not be operated by the water utility was questionable because it would be difficult to control theft.

The petitioner stated that the main purpose of the top court’s suo motu proceedings was to ensure that the KWSB supplied water through pipelines and stopped the tankers from operating, but the respondents were auctioning off hydrants in violation of the constitution.

He requested that the SHC direct the water board to focus on supplying water through pipelines by improving its infrastructure instead of forcing citizens to buy the commodity at expensive rates.

The KWSB responded that the publication of the advertisement was an emergency move to supply water, ensuring the court that the hydrants would not be used for commercial purposes.

The utility’s counsel said it was the KWSB’s duty to supply water to citizens either through pipelines or through alternative sources such as tankers, as mentioned in the KWSB act.

He said the matter was already pending before the apex court and the auction was being supervised by the committee constituted for the purpose, requesting that the petition be disposed of in view of the water board’s statement.

The SHC division bench headed by Justice Aqeel Ahmed Abbasi disposed of the petition, directing the KWSB to ensure that the SC order was implemented in letter and spirit, and that the auction was completed transparently and in accordance with the Sindh Public Procurement Rules in terms of the KWSB act.

Missing persons cases

The SHC issued notices to the federal and provincial law officers on petitions against detention of citizens – including a Muttahida Qaumi Movement activist accused of having been trained by Indian spy agency, RAW – allegedly by personnel of law enforcement agencies.

The petitioner, Najma Tahir, submitted that her spouse Mohammad Tahir Khan was acquitted by an anti-terrorism court in a possession of illegal weapons case but as soon as he released from Central Prison on October 24, he was allegedly picked up again by LEAs. She sought protection and safe recovery of her spouse and requested the court to direct the police and law enforcement agencies to recover and produce the detainee before the court.

The jail authorities had filed comments denying handing over the custody of missing persons to any agency. Police also denied arrest or detention of the petitioners’ spouses. The court was informed that no FIR of the case was registered at New Town police station despite court directives.  The court directed the investigation officer to appear before the court on February 23.

It is pertinent to mention that SSP Malir Rao Anwar had declared the arrest of Tahir and Junaid Mama on April 30 last year and had claimed that they were MQM men who had been sent to India for training. 

In another petition, Syeda Tamseel Fatima Rizvi and Mirza Mohammad Adnan submitted that personnel of law enforcement agencies picked Mohammad Arif, assistant superintendent post office, Irfan Khan and Mohammad Imran from Aram Bagh and Korangi areas and their whereabouts remain unknown. The court directed the federal and provincial law officers to file comments regarding whereabouts of detainees on next date of hearing. 

On the detention of Azhar Iqbal, who went missing on May 7, 2011 from Kaneez Fatima Society, the court was informed that a provincial task force meeting was to be held on February 16. The court directed the provincial law officers to submit a report at the next hearing.