KARACHI: Expressing extreme annoyance over the failure of the Karachi Water and Sewerage Board and provincial authorities to provide potable water and proper sanitation to the city, the Supreme Court has observed that the water utility has exposed the citizens to otherwise avoidable waterborne diseases and this state of affairs may lead to an epidemic of infectious diseases if not rectified immediately.

The observations were made in a detailed order of a three-judge SC bench on a constitutional petition of advocate Shahab Usto against the provincial government and the KWSB for shortage of potable water and poor sanitation conditions in the province.

The order of the bench, headed by Justice Amir Hani Muslim, that had taken up the case on March 16, was issued by the apex court on Friday.

“In failing to perform its statutory duty KWSB has exposed the residents as well as all visitors to the city to avoidable waterborne diseases. It is estimated that four-fifths of all illnesses are caused by water-borne disease, many of which result in fatalities,” the order said.

The judges noted in the order that as a consequence of the “callous disregard by KWSB of its duty”, government hospitals were overburdened by those suffering from waterborne diseases and many citizens who availed themselves of private treatment also incurred avoidable expense.

The order said: “The citizens of Karachi are punished still further by the dumping of raw sewerage into the Arabian Sea which contaminates the beach and the coast and poses yet another health hazard.” It added that the people were also deprived of enjoyment of the city’s beaches for health and recreation.

The judges observed that there was no monitoring of the quality of beach water and the dangers of swimming or wading in seawater were manifold as raw sewage was released into the sea. “The beaches are also littered with dangerous waste, which the tides deposit on the beach, such as discarded injection needles,” it added.

The bench noted that though KWSB could not provide basic services, still it continued to expand its network by granting approvals to new housing schemes in a purely mechanical manner. “KWSB appears oblivious to the Fundamental Rights of citizens, including the right to have uncontaminated water to drink which can be considered bedrock to the right to life,” the order said.

It said that the rivers and other water channels in Karachi had also been rendered open sewers by raw effluent. “If not rectified immediately this state of affairs may lead to an epidemic of infectious diseases,” the judges further observed.

Commission’s powers

After going through the material collected by the commission, the CD visuals and footage and hearing the law officers and the high-ups of the provincial government, the judges observed that they were clear in their mind that the commission comprising Justice Mohammad Iqbal Kalhoro of the Sindh High Court shall continue to work with all such powers conferred on it by the apex court in terms of the order dated Dec 12, 2016 “as the issues in these proceedings have direct impact on the life and health of the public of Sindh”.

The bench ordered: “The Commission shall ensure compliance of the directions contained in this order and shall also take all steps to see that the Task Force constituted by the Sindh Government pursuant to the direction of this Court on 14.03.2017 shall comply [with] its recommendations contained in the report.”

The bench ruled that the commission shall be at liberty to pass orders as a judge of the high court whenever it was necessary in the public interest for achieving the object for which it was constituted. “All Provincial, Federal Government Departments, statutory bodies, agencies, companies under their patronage shall be bound by the directions and orders issued by the Commission,” the bench further ruled.

The bench ordered that the commission in addition to the task force/committee may seek information or any detail in regard to any question relatable to water or sanitation problems in any part of the province.

The court ordered that all concerned should periodically report to the commission to ensure that the “matters which have been highlighted in the report and noticed by us are redressed”.

The apex court’s bench also asked the SHC chief justice to ensure that Justice Kalhoro had the requisite time to undertake this important assignment.

The bench ordered its office to fix the matter after four months.

Published in Dawn, March 25th, 2017

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