KARACHI: Responding to criticism of his recent inspection visit to a hospital, Chief Justice of Pakistan Mian Saqib Nisar said on Saturday that he was not bothered by criticism and was committed to protecting the fundamental rights of the citizens of the country.

The CJ made these remarks while heading a five-judge special bench at the Karachi registry of the apex court. The bench was hearing a 24-year-old case pertaining to environmental pollution of the city’s coastal areas and poisoning of the waters due to the unmitigated release of industrial and municipal waste into the sea.

The other members of the bench are Justice Umar Ata Bandial, Justice Faisal Arab, Justice Ijazul Ahsan and Justice Sajjad Ali Shah.

The purpose of his visit was to ensure the protection of human lives, he said, making it clear that he did not seek to become a political leader. However, it is the responsibility of the judiciary to protect the basic rights guaranteed to people under the Constitution, he said, vowing to strive for the protection of fundamental rights.

Makes it clear he doesn’t seek to become political leader; grills top Sindh, KWSB officials

He also criticised the fledgling healthcare system and the potable water shortage that had plagued the country, and held the ruling class responsible for the worsening state of affairs.

At the outset, Sindh Chief Secretary Rizwan Memon presented a detailed report of projects planned for the disposal of industrial and municipal waste, while Karachi Water and Sewerage Board (KWSB) Managing Director Syed Hashim Raza Zaidi gave a review of efforts being made to increase the water supply from 650 million gallons per day (MGD) to 910MDG.

Lifting the ban on transfers and postings of officers in different provincial government departments, the chief justice directed the chief secretary to pick officers of his choosing and submit a time frame for resolving all issues relating to the unavailability of potable water and the worsening sanitation condition in the province.

However, the CJ said that the stay against transfer or posting of the provincial chief secretary would remain in field until further orders.

He noted that the court-appointed judicial commission had highlighted problems such as the supply of contaminated drinking water and poor sanitation conditions and their causes, adding that the provincial government had not objected to the commission’s findings.

The CJ observed that Sindh Chief Minister Syed Murad Ali Shah was summoned to give a time frame to resolve these problems, and observed that toxic industrial waste was being dumped into freshwater sources such as canals and rivers, and that contaminated water was being supplied to the people.

He alleged that the ‘ta­n­ker mafia’ was thriving due to the scarcity of drinking water, but provincial authorities were unwilling to take any action against them.

When the KWSB chief told the court that regular checks were carried out to curb water theft, the CJ observed: “You can even find some philanthropists to help you if you are really willing to do the work.”

Mr Zaidi told the court that water from Keenjhar Lake, the province’s largest freshwater reservoir, was filtered and subjected to proper chlorination. However, he claimed that it was contaminated due to leaks in old underground water supply lines, which had also been punctured by water thieves.

Replying to a query, he maintained that the water distribution system of the KWSB did not cover around 30pc of the city, while the Defence Housing Authority and cantonment boards were responsible for water supply to their residents.

“People are compelled to buy water because of your failure,” a visibly-irked CJ remarked, and asked the KWSB official who was behind the water tanker mafia.

Mr Zaidi maintained that the tanker service was a private business, but the KWSB was blamed for it.

The chief justice asked the water utility chief for a time frame, of not more than two or three years, to resolve the matter. “Otherwise, we will have to summon the chief minister again,” he remarked.

Justice Bandial, meanwhile, wondered how water pipelines were rusting, but the KWSB was not making any efforts to upgrade its infrastructure and plug the leakages to prevent water theft.

Justice Arab asked Mr Zaidi to explain how its budget was utilised every year, pointing out that it had failed to even clean and maintain its installations.

The KSWB chief contended that water pipelines were up to 80 years old, adding that plans were under way to replace them, but said the initiative would take time.

The CJ asked him to submit a list of water pipelines laid across the city with their expiry dates and noted that 460 MGDs of domestic waste and sewerage was entering the sea without treatment, adding that he had seen piles of garbage dumped in the sea during a recent visit to Port Grand.

“The provision of clean drinking water is the responsibility of the Sindh government,” the CJ observed, warning that the Supreme Court could also invoke its power to hold delinquent officials in contempt.

The chief secretary, however, complained that his officers changed their stance on a daily basis, and candidly pleaded with the court to hold them responsible.

Taking notice of the worsening conditions of hospitals in Sindh, the chief justice directed the health secretary to present all records regarding public and private medical colleges and also asked the Pakistan Medical and Dental Council (PMDC) to submit its criteria of registering medical educational institutions.

Health Secretary Fazlullah Pechuho informed the bench that there were 50 medical and dental colleges and universities in the province, of which 15 medical and 12 dental colleges and five medical universities were privately-run. The bench also directed the health secretary to inspect all colleges and hospitals.

Published in Dawn, December 24th, 2017