KARACHI: The Sindh High Court directed the petitioners’ counsel on Tuesday to argue on July 20 whether it could pass an order about transfer of the Sindh Solid Waste Management Board (SSWMB) in the light of the observations made by the Supreme Court.
While hearing a petition jointly filed by the Muttahida Qaumi Movement-Pakistan and Karachi Mayor Wasim Akhtar seeking devolution of the SSWMB to the Karachi Metropolitan Corporation, a two-judge bench of the SHC headed by Justice Muneeb Akhtar sought arguments from the lawyer representing the petitioners and the provincial advocate general on the specific point at the next hearing.
The petitioners’ lawyer, barrister Farogh Naseem, argued that while the SC had ruled that the SSWMB should be handed over to the KMC, the order had not yet been complied with by the provincial government though four months had passed since its issuance.
The judges inquired how the SHC could interfere in a matter in which the apex court had already given its observations.
An additional advocate general contended that the provincial government had already filed a review application in the apex court in that regard.
However, barrister Naseem informed the bench that the SC had not yet passed any order on the government review plea, which could bar the SHC from passing an order.
The AAG maintained that the SC had in fact passed no order regarding transfer of the SSWMB to the KMC, but had just given its recommendations. On the other hand, the petitioners’ lawyer insisted the SC had given clear directions to the provincial government to hand over the SSWMB to the KMC.
Justice Muneeb observed that the petitioners could approach the SC to seek a clarification of its observations made in the matter. However, the bench observed that it would hear the matter since it involved public interest at large, but clarified that it would not pass any order to the extent of the SC’s observations on transfer of the board to the KMC.
Published in Dawn, July 19th, 2017
