Bureaucracy making properties instead of performing duties: SHC

KARACHI: The Sindh High Court on Monday directed Sindh government to constitute women rescue centers at all the divisions across the province.

The SHC’s division bench headed by Justice Salahuddin Panhwar issued the order after hearing the petitions of women seeking protection against domestic violence and harassment at the hands of their spouses, in-laws and other relatives. The court observed that a woman police officer of SSP rank will be in charge of the rescue centers aimed to provide protection to women and vulnerable persons. The court observed that incidents of honor killing were on rise and it was brought on record that 300 women, girls were murdered on this pretext. Child marriages and incidents of karo-kari are still being reported despite existence of safe houses and rescue centers. He said the situation calls for concrete steps to stop this menace. During the hearing Justice Salahuddin Panhwar observed that Sindh’s bureaucracy is engaged in making properties instead of performing duties.

The court directed the government to take appropriate steps for the protection of women against domestic violence and harassment by ensuring effective implementation of the Domestic Violence (Prevention & Protection) Act 2013 in letter and spirit. The provincial law officer informed the court that government has allocated funds of Rs.145 million for safe houses in each district. The court directed the finance department to ensure release of funds to each district for proper maintenance of the safe houses.

The court directed secretary education and director general private schools to appear and submit detailed report pointing out some mechanism to help orphans and destitute children to acquire education and a joint report be submitted on the next date of hearing.

While hearing another case, the Sindh High Court has directed the Sindh government to seal all ‘Gutka’, ‘Mainpuri’ factories, its manufacturing and selling in the province.

Hearing petition against sale and manufacture of Gutka and Mainpuri in the various districts of the province, the SHC’s division bench headed by Justice Salahuddin Panhwar observed that people are dying due to consumption of ‘Gutka’ and ‘Mainpuri’. The court took exception over the police performance for not taking appropriate action against manufacturing and sale of ‘Gutka’ and ‘Mainpuri’ observing that bureaucracy in the province were engaged in making properties instead of performing its duties. The court was informed by the doctors of Jinnah Postgraduate Medical Center that 100 out of 300 cancer patients are suffering from oral cancer and young persons are most affected due to consumption of ‘Gutka’ and ‘Mainpuri’. The SHC bench directed the health department officials to submit a report about the patients having oral cancer due to consumption of ‘Gutka’ and ‘Mainpuri’.

The petitioner Muzamil Mumtaz submitted that sale and manufacturing of ‘Gutka’ and ‘Mainpuri’ continued in different parts of the city and other districts despite clear directions of the court to initiate action against its manufacturers. The court observed that the crackdown against sale and manufacturing of ‘Gutka’ and ‘Mainpuri’ shall be continued till its objective is achieved. The federal and provincial law officers undertook before the court that section 337-J of PPC will be inserted in all FIRs registered regarding the offence. The court directed IG Sindh to convey to all SHOs through SSPs to inert section 337-J in cases related to sale and manufacturing of ‘Gutka’ and ‘Mainpuri’ until a new legislation is passed. The court observed that since the status of such substances would be material for determination therefore the law enforcement agency shall also ensure proper examination of the substance.

The SHC bench observed that application of a section of penal offence does not mean conviction but trial on such a charge. The court at the end of the day may review the charged offence which may not have proven or may be inapplicable. The court directed that such directions shall be conveyed to the judicial magistrate for information so as to examine application of relevant provision of penal offences even in pending cases because the relevant provision including 337-J PPC are always available on the chest of code.