KARACHI: The Supreme Court on Saturday directed the provincial health authorities to come up with a time frame within a week as to when a provincial drug testing laboratory will be made fully functional.

A three-judge SC bench, headed by Chief Justice of Pakistan Mian Saqib Nisar and comprising Justices Faisal Arab and Sajjad Ali Shah, was hearing a set of suo motu proceedings and petitions at the Supreme Court’s Karachi Registry.

When the bench took up the matter regarding death of over five infants at the Civil Hospital Mithi due to malnutrition and diseases, it was informed that in its last order the court had issued directives for filling the vacant posts of doctors and other staffers, constituted a one-man commission for inquiry and ordered the government to make the drug laboratory functional.

A provincial law officer submitted that the process had been initiated to fill the vacant posts and the report of the inquiry commission had been submitted.

The apex court asks culture dept to inform it before de-notifying any heritage building in Sindh

However, the health secretary conceded that the drug laboratory was not fully functional due to want of equipment.

The CJP directed the provincial health minister and secretary to meet with the parents of the five children that had died after administering an anti-measles vaccine in Benazirabad and decide the issue regarding compensation or any other action and file a report next week.

Plea against de-notifying heritage buildings

The apex court directed the provincial culture department to inform it before de-notifying any building declared as heritage.

The direction came on a petition filed by heritage conservationist Yasmeen Lari who submitted that around 500 heritage buildings in Sindh were under threat as the government might de-notify them.

The CJP asked her to file a list of the buildings after she further submitted that many British-era buildings were also being damaged.

The bench also issued a directive for implementation of a Sindh High Court judgement regarding preservation of heritage buildings.

Demolition of constructions on drains ordered

The CJP appreciated the efforts of the SC-mandated commission on water and sanitation in Sindh and also lauded the provincial authorities for following the commission’s directives.

When the CJP asked Karachi Mayor Wasim Akhtar about cleaning of storm-water drains, he replied that most of the work had been done and the process of cleaning would continue throughout the year.

Responding to another question, he said that unauthorised constructions on and around drains had not been removed yet and sought further time. The CJP directed him to demolish such constructions.

Suo motu on May 12 cases disposed of

The bench disposed of a suo motu proceeding about the petitions pending in the Sindh High Court regarding May 12, 2007 mayhem after it was informed that the SHC had reserved its order on these petitions.

The CJP had taken notice during the hearing of the cases at the SC’s Karachi Registry on May 12 this year and sought the record of applications pending before the SHC regarding the May 12 events.

Earlier, Advocate Faisal Siddiqui had informed the bench that some petitions about the violent incidents were disposed of by a five-member SHC bench comprising judges who had taken oath under the Provisional Constitution Order after the proclamation of emergency on Nov 3, 2007. He submitted that some petitions were still pending.

Around 50 people were killed and over 100 wounded in the city in attacks on rallies by different political parties and legal fraternity which were going to receive then deposed chief justice Iftikhar Mohammad Chaudhry at Karachi airport.

NAB told to take action against encroachers

The bench directed the National Accountability Bureau to take action against persons held responsible by the Federal Investigation Agency (FIA) in its inquiry report for illegally encroaching upon an amenity plot.

In June, the apex court had ordered the FIA to conduct a probe into illegal encroachments on a public park in Al-Habib Cooperative Housing Society in KDA Scheme 33 and submit a report.

On Saturday, an FIA official filed the inquiry report to the bench submitting that they could not proceed against the responsible persons since they were the employees/officials of the provincial government.

He submitted that the matter might be referred to NAB or the Anti-Corruption Establishment.

The CJP directed NAB to take necessary action in the light of the FIA’s report and sought a compliance report within a month.

In June, over a dozen people had informed the bench that the society’s secretary, Athar Alam, along with other office-bearers encroached upon the park, illegally converted it into residential plots in 2011 and sold them to public.

The administrator of the society submitted that the amenity plot was encroached upon and unlawfully converted into residential plots, adding that he approached the Sindh Anti-Corruption Establishment in 2016 for action, but to no avail.

Zulfikarabad oil tankers’ terminal case

The bench directed the Karachi commissioner to address the remaining issues in order to make the Zulfikarabad oil tankers’ terminal operational and sought a report within 15 days.

When the CJP asked the officials concerned whether the earlier order of the bench to make the terminal operational was implemented, the commissioner informed the bench that most of the work had been done, but the offices of oil marketing companies (OMCs) had not been set up at the parking facility yet.

He said that they took the OMCs, association of oil tankers owners and other stockholders on board and sought more time to implement the court orders.

Shagufta Bibi, a resident of Clifton Block 1, had initially sent a letter to the then CJP in 2012 requesting him to order the shifting of the oil tankers from her neighbourhood, Shireen Jinnah Colony. The letter was converted into a petition.

Footpath school

The bench also disposed of the matter of a footpath school in the Clifton area after it was informed that the school was shifted as the management of the school had arranged its own building.

Barrister Salahuddin Ahmed, who was appointed an amicus curiae (friend of the court), said that the school was shifted to a private building in Defence.

Earlier, the school was not ready to accept a government offer to shift it to a government school and insisted to move to a private building.

Syeda Anfas Ali Shah Zaidi, who has been running the footpath school near the Abdullah Shah Ghazi shrine for the past three years, had accused the Sindh Education Foundation’s managing director of issuing threats and asking for the closure of the school.

Published in Dawn, September 2nd, 2018