WHILE justice should be blind, it should not be oblivious to the human suffering some decisions may cause. This is especially true when the decisions reached involve overstepping the brief. In this regard, the Federal Constitutional Court has recalled the Supreme Court’s orders from 2018 and 2019, which related to clearing supposed encroachments. A large number of structures were affected by the SC’s decisions, including Nasla Tower, a residential complex in Karachi that was torn down in 2021 because its builder had reportedly illegally occupied a small strip of land. Scores of families suffered due to the builder’s illegality. The FCC ruled that while the SC’s decision to demolish illegal buildings was “well-intentioned”, the court “went beyond the issues before it”, adding that enforcing building codes was the provincial government’s job. The FCC added that it did not “seek to legalise illegality or confer any lawful cover upon unauthorised constructions”.

The SC’s 2018 –2019 orders resulted in a massive demolition drive across Karachi, with many slums, luxury residences and commercial enterprises all razed to the ground. Thousands were either made homeless or lost their livelihoods. While illegal encroachments are indefensible, as the FCC has noted, it is the provincial government that has a constitutional duty to regulate matters such as building codes. Arguably, when builders and encroachers break the law, they must be made accountable — as must the corrupt officials who allowed them to do so. However, ordinary citizens should not be made homeless or have their livelihoods snatched from them. In the case of Nasla Tower, the building possessed a no-objection certificate. Therefore, it remains to be answered why the building’s residents were punished for the sins of others. It is hoped that the FCC ruling closes the door on sweeping decisions that hurt the common citizen and serves as a warning to corrupt elements within the state who play a key role in regularising illegality.

Published in Dawn, July 12th, 2026