ISLAMABAD, Dec 6: The Supreme Court on Tuesday directed the builder of the Margalla Towers, Mohammad Ramzan Khokhar, to submit his reply and disclose all assets and accounts located outside Pakistan in his name as well as in the name of his wife, Kehkashan Khokhar.

In response to an earlier direction to the capital police by the court to ensure his arrest, even if through extradition, Mr Khokhar had submitted an application to the chief justice stating that he was willing to take first available flight to Pakistan and participate in the inquiries but needed protection from harassment and arrest.

The three-member bench was headed by Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry. The other members of the bench comprised Justice Mohammad Nawaz Abbasi and Justice Tassadaq Hussain Jillani.

The Supreme Court was told that both Punjab and the NWFP had no building codes based on seismic zoning. The court was also told that though Baluchistan had an outdated code, it was not being adhered to strictly.

The Commerce Ministry also told the bench that the Insurance Ordinance 2000 did not contain the provision of mandatory insurance of high-rise buildings.

On the suggestion of senior advocate Sharifuddin Pirzada, the bench felt that the builder’s letter to the chief justice reflected that he was aware of the court proceedings and therefore it could be safely presumed that he had accepted the service (delivery of court notice to the respondent) in response to the court’s earlier notice.

In view of the importance of the case, the bench directed the commissioner, Islamabad, and chief secretary Northern Areas to join the proceedings and produce building regulations/building code followed in their respective areas.

The Sindh chief secretary was directed to ensure his presence in the court during the next hearing on February 7.

On the request of advocate Babar Awan, who had filed a comprehensive document with the court tracing the 100 years of earthquake history and construction styles in the US, India and Japan, the scope of the case was widened with a direction to the NWFP chief secretary to submit the details of schools and colleges collapsed in the province during the quake.

The court wanted to know whether the parents of the students killed in the government buildings were compensated and what measures had been taken against the contractors of such faulty buildings.

The court also directed the chief secretaries of the four provinces to submit reports on the buildings not complying with the building codes and suggest amendments to the insurance ordinance to provide insurance cover to the high-rise buildings.

“We will pass an order requiring both the federal and the provincial governments to pass a legislation regarding building codes after studying seismic studies and will ensure its strict enforcement,” the chief justice observed.

Director-General Geological Survey of Pakistan (GSP) Mirza Talib Hussain told the court that an international conference on seismic zoning of Pakistan had been planned in January next year and sought time to submit a comprehensive report to the court after the conference.

He also informed the court that a committee had also been formed by the petroleum ministry to study the seismic zoning of the country.

The GSP director-general should submit a comprehensive report to the court identifying the active faults and those which could become active so that dangerous buildings could be vacated, the chief justice observed, adding that there was a big earthquake in Karachi some 1,000 years ago when it was called Deebal. Similarly, a huge quake had also struck Lahore 200 years back and Quetta in 1935.

Sharifuddin Pirzada also placed on record the Model Building Codes applicable in 30 countries located in seismic zones.

He was directed by the court to supply the contents of the book to Attorney General Makhdoom Ali Khan and all the advocates general of the provinces and the Capital Development Authority (CDA) to help prepare them suitable building codes for the country.

Represented by Advocate Chaudhry Mushtaq Ahmed Khan, the CDA in its reply to the petition said that the authority could not be held responsible for the collapse of the towers hence no compensation could be claimed by the occupants since it caved in due to the earthquake of 7.6 magnitude, which was an act of God.

Meanwhile, the petition of Chairman Awami Himayat Tehrik Pakistan Maulvi Iqbal Haider was dismissed as withdrawn with a direction to file the petition afresh by properly drafting it.

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