HYDERABAD: SHC summons six officials, RPO - Supply of polluted water
By Our Correspondent
HYDERABAD, June 29: Justice Azizullah M. Memon of the Sindh High Court, Hyderabad circuit bench, on Tuesday issued notices to the provincial secretaries of health
, irrigation and local government departments and three accused in a case relating to deaths caused by consumption of polluted water in the district in May.
The accused are the then chief engineer, Sukkur Barrage, Ghulam Nabi Mughal; the then director general, Hyderabad Development Authority, Ali Ahmed Lund; and the then EDO, health, Hyderabad, Dr Agha Tariq. They have been granted pre-arrest bail by the sixth additional district judge of Hyderabad.
Justice Memon ordered the accused and the secretaries to appear before the court on July 7 and submit their reports on the causes of death and serious ailments suffered by the people as reported in the FIR and print media, and the action taken by them.
The judge also issued a notice to the regional police officer of Hyderabad, ordering him to appear in the court and explain whether or not a proper investigation had been conducted into the case registered with the Market police of the city.
"If proper investigation has not been conducted, who is to be punished for lack of effective investigation according to law, the SHC judge asked. He observed that every person discharging function in relation to rights of people was bound to act fairly, justly and strictly in accordance with the law and negligence in discharge of such official duties in derogation of direction of law amounted to disobeying command of law/Constitution and he was to be made answerable to the law and to be proceeded against accordingly.
"The lives and health of citizens are shown to have gone unprotected and the deaths to have been caused due to supply of contaminated/poisonous water to the citizens. This cannot be allowed to go unaccounted for and without fixing the liability on the government officers who are duty-bound under the law to make proper arrangements for supply of safe potable water to the citizens," the judge wrote.
"In order to secure the ends of justice, jurisdiction vested in this court under section 561-A of the CrPC needs to be invoked," the court said and added, "Ends of justice demand, at least, answers to following questions:"
"What are the exact number/details of casualties as a result of supply of contaminated water to the residents of Hyderabad city and other places? Whether proper investigation was conducted by the responsible higher authorities to fix the responsibility against the officers for supply of contaminated water? Whether pre-arrest bail granted to the accused is based on sound principles of law? Whether the bail order needs to be interfered with by this court in exercise of its inherent powers and to what extent? And whether the police officers concerned acted against public interests by intentionally delaying the necessary investigation into the said incidents?"
While confirming the bails, the trial court had observed: "The three accused are 20-grade officers and were holding the key posts. As such without collection of any material, registration of case against them by the SHO clearly indicates malafide intentions on the part of police.
If the bail before arrest is not granted to the officials, there is every likelihood of their disgrace, humiliation and torture at the hands of police."
