How could ex-CM qualify to contest polls, when he did not deliver as CE: SC

KARACHI: The Supreme Court on Wednesday took exception over the failure of previous provincial government for not filling the vacancies of doctors in Tharparkar resulting in the death of several people including children due to lack of medical facilities. The court observed that how the former Chief Minister Syed Murad Ali Shah could qualify to contest election again, when he did not fulfil his responsibility as the chief executive. Hearing a suo moto case about the death of infants in Mithi due to malnutrition and diseases, the Supreme Court’s three member bench headed by Chief Justice Mian Saqib Nisar observed that the previous government has failed provide medical facilities to the citizens. The bench observed that there is a visible difference in the lack of development in Sindh as compared to other provinces. The counsel for civil society Faisal Siddiqui submitted that there is a systematic structural failure of the provincial government in providing health and medical facilities to the people of Tharparkar. He said as much as 70 per cent vacant posts of the doctors were not filled in Tharparkar for the last couple of years which is government's negligence. The Secretary Health Dr. Fazallullah Pechuho submitted that 5,200 doctors were appointed but they were reluctant to work in Tharparkar. The court ordered him to appoint doctors in Tharparkar hospitals and ordered the Sindh Public Service Commission to expedite the process.

The court also appointed additional IG Sanaullah Abbasi to verify whether the improvements mentioned in the report submitted by the health department have in fact been made and submit a report about deficiencies. The court also directed the secretary health to functionalise the Sindh Drug Testing Laboratory within two months.

The bench directed the counsel to assist the court in determining whether the families of the deceased children should be compensated. The court also wanted the counsel to suggest the mode, manner and quantum of compensation, besides identifying the authority to compensate the families of the deceased. The bench also wanted the counsel to assist the court whether criminal proceedings should be initiated against those whose negligence caused these deaths.

In another hearing, the Supreme Court restrained the unloading of imported coal at Karachi Port Trust and directed its unloading at the newly constructed Pakistan International Bulk Terminal at the Port Qasim. The court also ordered not to openly dump coal in any part of the city.

Hearing application of rights activist Venu G Advani on the issue, the Supreme Court’s two member bench headed by Chief Justice Mian Saqib Nisar observed that court will not allow playing with lives of the citizens at the cost of coal importer’s business.

The court observed that court has to protect the fundamental rights of the citizens and will pass the orders in larger public interest.

The court also took exception over the failure of Karachi Port Trust and Port Qasim to resolve the handling of coal and asked why steps have not been made for safe handling of coal.

The Chairman Karachi Port Trust Real Admiral Jameel Akhtar submitted that he wanted to finish the coal handling at KPT after the coal handling terminal was constructed at Port Qasim Authority. However, he said he was threatened of NAB references for suggesting shifting of coal handling from KPT to PQA.

The Chairman Port Qasim Authority, Asad Rafi Chandna, submitted that coal handling bulk terminal has been constructed at PQA with the capacity of handling two ships of 65,000 metric tons coal, besides it can cater to the handling of coal and its further transportation upcountry.

The coal importers expressed reservations over shifting of the facility to Port Qasim submitting it does not have enough capacity. They submitted that they will have to pay $ 20,000 as demurrages for delay in handling the merchandise and expressed the fear that the coal handling company at the PQA will increase the charges for its storage in case a ban is imposed on unloading at the Karachi Port Trust.

Justice Sajjad Ali Shah observed that coal importers were allowed unloading at KPT when the PQA had little capacity to handle only 25,000 metric ton ships, but now the PQA has built berths having capacity to handle 65,000 metric tons coal therefore the coal could be handled at the PQA appropriately.

The court turned down request of the coal importers while observing that the loss of $20,000 is not over and above the health and lives of the children and directed the coal importers to shift unloading of coal from Karachi Port Trust to PQA’s PIBT facility within six weeks.

In another hearing, the Supreme Court suspended the Sindh government’s notification about utilization of luxury vehicles by the ministers and government officials.Hearing the suo moto proceedings about utilization of luxury vehicles by the ministers and government officers beyond their entitlements, the Supreme Court’s three member bench headed by Chief Justice Mian Saqib Nisar inquired from the Advocate General Sindh, Zamir Ghumro, as how many vehicles have been recovered from officers and ministers.

The advocate general submitted that 149 4X4 vehicles, 62 land cruisers, Prados, 75 Fortuners and 12 BMWs have been recovered and provincial government has issued notification for their utilization. According to the notification, the AG submitted that all these vehicles shall be parked in a transport pool to be established in the Services department. He submitted that these vehicles shall be allowed for use after prior approval by the Services Department for official field tours of ministers, secretaries and the officers subject to conditions of repair and maintenance by the relevant department. The court observed that ministers in Sindh do not prefer less than a Parado and directed the advocate general to submit the compliance report at Islamabad.

The Supreme Court also directed the oil tanker operators to shift them to the Zulfiqarabad oil tankers terminal within a week. The court was hearing a petition filed by Shugafta Bibi, a resident of Clifton Block-1, who pleaded with the Chief Justice of Pakistan to order shifting of oil tankers’ from her locality.

The Supreme Court’s three member bench headed by Chief Justice Mian Saqib Nisar inquired from the Mayor of Karachi as why the oil tankers were not shifted. The Mayor submitted that the oil tanker operators were reluctant to shift their tankers to the Zulfiqarabad Oil Terminal. The representative of the Oil Tankers Association submitted that facilities are not available at the terminal and they will shift if they are provided. The court directed the petitioner’s counsel to visit the site along with the all stakeholders and submit report. However, the counsel submitted that most of the facilities at the terminal have been provided.

Following this, the court directed the oil tankers operators to shift their tankers to ZOT and ordered that they will only enter in the city on the schedule provided by the Oil Advisory Companies for filling of oil products and their transportation to upcountry. The court also directed the revenue department to allocate 50 acres for oil tankers operating towards Balochistan and submit a compliance report.