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KARACHI, Aug 24: The Sindh High Court dismissed another writ petition on Tuesday for want of jurisdiction to entertain issues of public interest which, it said , could only be agitated before the Supreme Court in its original jurisdiction if they involved enforcement of human rights.
A city lawyer moved a petition against the axing of trees in different parts of the city. Impleading the city nazim, the district and sessions judges of east and south and the Environmental Protection Agency as respondents, Advocate Qazi Ali Athar that trees were being felled indiscriminately and without any justification in several areas, including Defence, the City Courts, Abdullah Haroon Road and Daudpota Road.
About 92 trees, he said, had been uprooted or axed in the April-June period alone and "this has resulted in serious environmental degradation". Relying on the Sindh Plantation and Maintenance of Trees and Public Parks Ordinance, 2002, he sought an action against the agencies and officials responsible for checking pollution and environmental degradation.
The division bench seized of the petition, which consisted of Chief Justice Saiyed Saeed Ashhad and Justice Syed Zawwar Hussain Jaffery, observed that Article 199 of the Constitution provided for extraordinary jurisdiction, which could be invoked by aggrieved parties who had exhausted ordinary remedies.
So far as original jurisdiction to entertain matters of public interest was concerned, it had been vested by Article 184 (3) of the Constitution in the Supreme Court. The petitioner, it pointed out, could also have moved the Environmental Protection Agency under the law.
In its comments, the EPA, however, expressed its inability to take action in the matter. The provisions of the EPA Act of 1997 were more general in nature and addressed the broad issue of pollution.
The agency, however, agreed that cutting of trees was an offence under the 2002 ordinance. It did not point out the forum responsible for taking cognizance of the offence.
NOTICES ISSUED: A division bench of Sindh High Court, comprising Chief Justice Saiyed Saeed Ashhad and Justice Zawar Hussain Jaffery, on Tuesday issued notice to Advocate General Sindh and others for Aug 31 on a petition seeking disposal of cases against an under trial prisoner who is incarcerated and facing trials since more than 17 years, adds PPI.
Mohammad Sharif submitted in a constitutional petition that his son Afzal Haider was booked in different cases mostly under Section 17(3) and 14 of the Enforcement of Huddood Ordinance (EHO) in different police stations in Karachi and was facing trials since 1987.
He stated that earlier a petition No. 1967/1993 was filed in SHC and the then Chief Justice granted bail to his son but on Dec 12, 1993, he was shifted to Lahore jail in another case lodged against him.
He said Afzal remained in Lahore jail for almost 10 years and after disposal of case, he was again shifted to Karachi jail in May last. It was submitted that after a lapse of many years, the whereabouts of cases are untreatable and the police are showing no interest to produce his son before a court for disposal of cases.
Naming the Sindh home department, DIG Investigation, TPO Saddar, SHO Artillery Maidan and others as respondents, the court was prayed to direct the respondents to submit a consolidated report in respect of all cases whether pending or disposed of against the petitioner's son. The court was also prayed to direct the trial court to dispose of cases against the accused within the shortest possible time.
