• CJP Isa says no one can be allowed to obstruct free movement of public
• Jinnah Courts building handed over to Rangers by Sindh govt, bench told

KARACHI: The Supreme Court on Thursday took exception to placing barricades on pavements outside the headquarters of the Pakistan Rangers, Sindh, Chief Minister House, Governor House and other offices and directed them as well as others to remove such barriers and encroachments from the footpaths and thoroughfares across the city within three days.

The apex court said that all the federal, provincial and local government entities and officials as well as private persons/organisations must also remove blockades and other encroachments from public places.

A three-judge bench of the apex court, headed by Chief Justice Qazi Faez Isa and comprising Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan, said if the needful was not done within the stipulated period, the same would be demolished by the relevant authorities at the cost to be paid by the officials/persons responsible for such encroachments from their own pockets.

It observed that encroachments were done by private persons/citizens on public spaces, but it was unfortunate that pavement and roads were also encroached upon by the government entities/officials as the footpaths were for the use of the general public only.

The bench was hearing a petition filed by former city nazim Naimatullah Khan and a set of other connected matters at the apex court Karachi Registry on Thursday.

The CJP noted that barricades had been placed at the pavements outside the Rangers headquarters on Ziauddin Ahmed Road, CM House, Governor House and several other places, and said that those barriers must be removed immediately since the same was restricting the free movement of public.

The federal and provincial law officers submitted that such measures were taken due to security concerns.

The CJP replied that the public continued to be attacked, but public servants wanted themselves to remain safe. If anybody, including the chief justice, was scared, then they should vacate their premises and sit at home, he further remarked.

He also stated that in case of any security threat, such barricades and barriers might be placed inside the premises of respective government offices/buildings, but should not be on the pavements or roads.

The CJP remarked that initially, barriers were also placed on the road outside the apex court building by police, but he immediately ordered removal of such obstacles, adding that no one could be allowed to obstruct free movement of the public.

He also said that the authorities were asking the citizens/private persons to vacate public spaces, but on the other hand, federal and provincial government entities/officials were themselves occupying public spaces. The CJP made it clear that such double standard would not be tolerated.

Many roads and pavements in the city had been encroached upon by the government functionaries and if the governments did not abide by law, how could they expect from people to do so, he asked.

When the CJP inquired about the status of the Jinnah Courts, which is housing headquarters of the paramilitary force, the advocate general Sindh replied that the heritage building belonged to the Sindh government and was handed over to Rangers.

The bench also expressed resentment over digging of pavement by power utility and said that such ditches were left open, causing inconvenience to the public. It also deplored the dilapidated condition of several thoroughfares of the city.

The bench also directed its office to forward that order to federal and provincial authorities and local administrations as well as landowning agencies through the federal and provincial law officers for compliance.

Published in Dawn, April 26th, 2024