KARACHI: A sessions court on Tuesday issued a notice to police on an application of a Pakistan Tehreek-i-Insaf leader seeking registration of a case pertaining to the deaths from heatstroke against the provincial government.

PTI leader Imran Ismail, through his counsel Shaikh Jawaid Mir, moved an application under Section 22-A of the criminal procedure code and argued that around 2,000 people lost their lives in Karachi due to the devastating heatwave.

He named Sindh Chief Minister Syed Qaim Ali Shah, Information & Local Government Minister Sharjeel Memon, Health Minister Jam Mehtab Dahar, administrator of the Karachi Metropolitan Corporation Saqib Soomro, chairman of the provincial disaster management authority Salman Shah and others in his application as accused and contended that the deaths were caused due to the apathy demonstrated by the entire government, particularity by the proposed persons.

He maintained that CM Shah had been the provincial chief executive for over seven years and he along with the proposed accused deliberately and intentionally did not take any precautionary steps regardless of the fact that the inter-governmental panel on climate change — a scientific body powered by the United Nations — had issued a report almost a year ago that temperature would increase further in the country.

The applicant submitted that neither any awareness campaign for the general public prior to the heatwave was initiated nor did the health department come up with any plan to handle the rising temperatures.

He said that instead of playing their due role, the attitude of the departments of Zakat, Baitul Mal, local government, social welfare, PDMA and others was such that they were pre-determined to let thousands die on the pretext of heatwave.

Mr Ismail, who is the PTI’s deputy secretary general, contended that the mens rea (guilty mind) of the proposed accused was exposed from the facts that high-risk localities were not identified, provision for easy availability of drinking water, shades for outdoor workers and efforts for energy generation were not made, nor was the early warning system for helping people to be prepared in advance made operational.

He further submitted that the people of the city were left at the mercy of charity organisations and there were no adequate arrangements at hospitals to treat heat-affected patients while there was also no space in mortuaries and graveyards.

He added that when the people were dying the CM and others were making arrangements for a grand Iftar party as they were clueless of the pain and misery of the masses.

He said that KMC administrator Soomro and several ministers kept enjoying their holidays abroad and did not return at the time of need and his office remained vacant until the media highlighted his absence.

In his application, the PTI leader suggested the heat-health project developed by the Indian state of Gujarat for Ahmedabad, which faced identical temperatures, could be a possible model in diminishing people’s sufferings.

The Ahmedabad Heat Health Plan had been recognised globally for its success and was named as one of the top 20 projects at the Sendai Conference of Disaster Risk Reduction in early 2015, he added.

The applicant made the station house officer of the Civil Lines police station a respondent and submitted that he approached the SHO with an application to lodge a case against the proposed accused under Sections 302 (premeditated murder), 322 (punishment for qatl-bis-sabab, causing death unintentionally) and 109 (abetment) of the Pakistan Penal Code.

However, the SHO refused to entertain his application, he said, asking the court to direct the police to set the law in motion by lodging the FIR immediately against the proposed accused.

The judge in charge of the district and session court (south), Sikandar Ameer Pahore, put the SHO Civil Lines on notice and directed him to furnish his reply till July 2.

Published in Dawn, July 1st, 2015

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