Amenity plots in Karachi: SC takes exception to delay in removal of encroachments

KARACHI: The Supreme Court on Friday took exception over the delay in removal of encroachment from amenity plots of the city and directed the Karachi Development Authority, Karachi Metropolitan Corporation and other civic agencies to submit compliance report within one month.

Hearing a petition against illegal encroachments on amenity land, the Supreme Court’s three member bench headed by Justice Ejaz Afzal Khan asked from the KDA counsel about the status of removal of encroachments.

The KDA counsel Shahab Sarki responded that the KDA has removed encroachments from 1,700 amenity plots. Justice Gulzar observed over 40,000 illegal constructions have been raised on the amenity plots and removal of 1,700 illegal structures is not even tip of the iceberg. Justice Gulzar observed that a furniture market has been established on amenity plot in Gulistan-e-Johar but no action was taken despite court orders. The KDA counsel submitted that the compliance was being delayed due to lack of support from the law enforcement agencies and due to infrastructure and resource constraint of the KMC and the KDA.

Meanwhile, the Supreme Court directed IG Sindh to submit progress report about the arrest of former SSP Malir Rao Anwar in Naqeebullah Mehsud extra judicial killing case within three days. Hearing the suo moto proceedings, the Supreme Court’s three member bench headed by Chief Justice Mian Saqib Nisar inquired IG Sindh A.D Khawaja about the progress in arrest of former SSP Malir Rao Anwar.

The IG Sindh submitted that close circuit footages have been received from the Islamabad airport from where Rao Anwar was trying to flee the country, and requested some time to examine some more footages. On the query of the Chief Justice about the time he required, the IG Sindh submitted that progress will be made in next two or three days. The Chief Justice directed him to submit the progress report on Monday at Islamabad.

Later talking to journalists, Khawaja said he has not found any evidence that Anwar has left the country. The Sindh IG advised Rao Anwar to appear in the court as evading law is not a good thing. Naqeebullah's father also expressed satisfaction with the court proceedings. Denying reports of a 'deal' with Rao Anwar, he said they will continue to appear in the court until the officer is arrested.

Separately, the Supreme Court took suo moto notice of the proposed merger of the Sindh Bank with Summit Bank and directed the advocate general Sindh, bank representatives to file a detailed report over the issue.

Taking up the issue, Supreme Court ’s three member bench headed by Chief Justice Mian Saqib Nisar summoned the representatives of the Sindh bank and Summit bank. The Sindh Bank official submitted that the merger was decided in December 2016 but it could not be completed so far due to non-fulfillment of some legal requirements. He submitted that all legal formalities were being completed on the direction of the State Bank of Pakistan and after amalgamation of the Summit bank in Sindh bank, the Sindh Bank’s network will increase.

The Chief Justice directed the advocate general Sindh and the banks representatives to submit a report within 10 days and explain the reasons for not completion of merger. It is pertinent to mention that Sindh cabinet also approved amalgamation of Sindh bank with Summit bank in December last year.

In yet another hearing, the Chief Justice Mian Saqib Nisar directed the Sindh government to submit details of all the expenses incurred on advertisement campaign on print and electronic media using pictures of political party leaders during the last three months.

Also, the Supreme Court directed the home department and establishment division to complete the departmental proceedings against senior police officers involved in illegal appointments in Sindh Reserve Police and other irregularities and misconduct, and submit a compliance report within four weeks.

The direction was issued by the three member bench of Supreme Court headed by Chief Justice Mian Saqib Nisar while hearing the case of illegal appointments in the Sindh police. Advocate General Sindh Zamir Ghumro submitted that a statement of allegations against nine senior high ranking police officers including former IG Sindh Ghulam Haider Jamali, DIG Training Shahab Mazhar Bhalli, Additional DIG Aitezaz Ahmed Goraya and others were sent to the Establishment Division for disciplinary proceedings. He submitted that 22 police officers of the provincial government below the grade 18 rank were proceeded by the competent authority and their cases were pending at different stages. He submitted that 2,700 police personnel were removed from the service after the scrutiny committee found their appointments to be illegal. He said the affected officers approached the Service Tribunal and the Supreme Court against their removal and it was ordered that the aggrieved personnel be allowed to sit in NTS for prove their competence. He submitted that out of 1,750 personnel 141 personnel passed the NTS test and were appointed in the police service.

Regarding scrutiny of police appointments, he submitted it has been completed in 22 districts and sought time for completing the process. The court directed the federal and provincial governments to complete the disciplinary proceedings within one month without fail. The court observed that inquiry committee shall examine all the appointments made in all Wings, Units, Zones including different units of SRPs (except those inquired by DIG Munir A. Shaikh) in all other districts of Sindh on a case to case basis and record their findings.

The court observed that the illegal appointments shall be removed from service while the members of the selection board who recommended their appointments shall also be proceeded against. The court observed that the Secretary Establishment Division shall proceed against the PSP officers, who as members of the selection board recommded illegal appointments and the Chief Secretary Sindh or any other competent authority shall proceed against them.