KARACHI: The Sindh High Court (SHC) has asked several residents of Clifton to approach the apex court for initiating contempt proceedings against those who failed to comply with its numerous orders with regard to the shifting of oil tankers from Block 1 to the Zulfikarabad Oil Terminal (ZOT).

A two-judge constitutional bench of the SHC headed by Justice Mohammad Karim Khan Agha said the judgements of the apex court were binding on all other courts, including high courts, to the extent that it decided a question of law or enunciated a principle of law, and all executive and judicial authorities across the country were obligated to act in aid of the SC, ensuring the enforcement of its judgments.

It also noted that since the apex court was presently in session at Karachi, the petitioners might file a contempt application before the apex court for non-compliance of its earlier orders.

Many residents of Block 1, Clifton had petitioned the SHC and submitted that they owned properties in the area and were severely impacted by the continued parking of oil tankers in their residential region despite the fact that the Supreme Court had been passing orders on the subject issue since 2007.

SHC says petitioners may file contempt plea over non-implementation of apex court’s orders

They made the Sindh chief secretary, local government department, commissioner, Karachi Metropolitan Corporation and others as respondents.

The counsel for the petitioners argued that the apex court had repeatedly passed orders regarding relocation of the oil tankers to the ZOT with specific deadlines to alleviate congestion and safety hazards in residential areas.

He stated that such orders had been consistently disregarded as the respondents, including government officials and the Oil Tankers Association, had failed to comply with those orders, violating their fundamental rights to peaceful living and property enjoyment.

The bench in it order said: “Article 187(2) of the Constitution, which pertains to the enforcement of Supreme Court orders, is supplementary to Article 184, concerning the Supreme Court’s original jurisdiction in terms of precedent set in Dossani Travels Pvt. Ltd & others vs. Messrs Travels Shop (Pvt) Ltd & others (PLD 2014 SC 01), as such DIG Police and SSP-South to take of the orders of the Supreme Court, as disclosed in the memo of petition, forthwith.

“As the Supreme Court is the final arbitrator of all cases where the decision has been reached, the orders of the apex court needed to be taken care of as directed in terms of Article 187(2) of the Constitution.

“The petitioners’ counsel requested this court to enforce the Supreme Court of Pakistan’s directives. However, given that the Supreme Court is presently in session in Karachi, this Court suggested that the petitioners file a contempt application before the Supreme Court for non-compliance with its orders. Therefore, this petition and all related applications are disposed of,” it concluded.

Initially, the subject matter was landed in the Supreme Court in 2007 when a resident of Shireen Jinnah Colony, Block 1, Clifton, had sent a letter to the then chief justice of Pakistan to order the shifting of the oil tankers from the residential area and later several identical applications were filed.

The apex court, during the past several years, had time and again directed the authorities and the oil tanker owners and operators to remove their vehicles immediately from Shireen Jinnah Colony and other areas of the city and shift to the terminal.

Published in Dawn, April 5th, 2025