HYDEERABAD: A division bench of Sindh High Court’s Hyderabad circuit comprising Justice Mohammad Iqbal Kalhoro and Justice Adnanul Karim Memon on Thursday directed the provincial chief secretary to explain position as to why despite doling out huge funds by Sindh government’s relief operation (in flood-hit areas) has not been brought up to scratch.

“We direct the Auditor General to conduct a Forensic Audit of funds released so far by Sindh government to various departments for rehabilitation of the flood affected and submit such report,” the court ordered after going through reports of various judicial magistrates in respect of the ongoing relief work.

The court adjourned the hearing of the public interest litigation to October 27. It passed the order on a petition filed by Mumtaz Lashari Advocate, praying the court to direct respondents to accelerate pace for disposal of rainwater in order to clear flood-affected areas and avoid loss of lives.

On October 6, a division bench of the court comprising Justice Mohammad Iqbal Kalhoro and Justice Amjad Ali Sahito, while hearing a petition had ordered sessions judges of Sindh, except for Karachi division, to depute civil judges/judicial magistrates concerned to visit affected areas and verify facts whether relief operations were under way. The court had sought reports of such visits by October 20. The reports prepared by civil judges/magistrates of Dadu, Johi, Mehar, Khairpur Nathan Shah, Sanghar, Khipro, Shahdadpur and Tando Adam were submitted through the district and sessions judges concerned on Thursday.

After going through them, the bench passed a detailed order.

The court observed that “tentative perusal thereof shows that no relief work has been ensured for flood affected people at all and infrastructure in various areas of Sindh was destroyed … houses inundated by floodwaters were not live-able for people while crops standing on thousands of acres were damaged and lost”.

The court noted that the authorities concerned except for extending lip services had practically done nothing to help the needy in this hour of sorrow. From the side of additional advocate general, a report was filed which shows everything was okay while areas were dewatered and people were given relief work to their satisfaction. It said that the reports submitted by civil judges & judicial magistrates spoke otherwise and were in direct conflict with what had been stated by the AAG in his report. Although the report (through director administration Atif Iqbal) has been filed by the National Disaster Management Authority, but no one from the NDMA was present in person to assist court and to reply to questions raised by defence counsel, the order read.

The bench remarked that apathy of the Authority was apparent that except for holding press conferences and praising their work which they had never done to assist flood affected people, they had done nothing. The bench said that people were still suffering from floodwaters which had water logged not only their houses but their lands as well. Initial enthusiasm witnessed in ranks of officials to clear all gateways and spillways has whimpered into oblivion as no tangible initiative in this respect has been taken since.

Directing the chief secretary to explain position as to why relief operation had not been brought up to scratch, the court ordered that the official in charge of NDMA should also be present on the next date to explain their role.

The bench said that a copy of this order be communicated to the office of the deputy attorney general, additional AG Sindh, auditor general and Sindh chief secretary for perusal and compliance.

Petitioner Mumtaz Lashari Advocate, during the October 6 hearing had contended that no relief was provided to people in the affected areas across Sindh. His claim was contested by AAG Mohammad Ismail Bhutto, who submitted a report stating that relief operation was going on in the entire province.

Both sides had proposed directions to sessions judges to arrange visits by civil judges/magistrates to the affected areas to collect facts and submit their reports regarding the dewatering and relief works.

Published in Dawn, October 22th, 2022

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