HYDERABAD, Sept 16: The Sindh High Court, Hyderabad circuit bench, on Thursday expressed displeasure over delay in completion of inquiry by a committee appointed by the chief minister to look into the issue of water contamination that led to deaths of over 40 people in May-June.

The bench, comprising Justice Attaur Rehman and Justice Amir Hani Muslim, was seized of four identical matters, including suo motu action by Justice Azizullah M. Memon who on June 28 ordered the inquiry committee to submit its report regarding release of contaminated water of the Manchhar Lake into the River Indus in 15 days. Other three petitions in the water contamination case were filed by Ishaq Qureshi, Fahimuddin and the Society for Conservation and Protection.

The court also modified terms of reference by incorporating two more objectives into it - whether the irrigation department was authorized to release polluted and stagnant water or effluent into the river or in canals from where water was supplied for drinking and irrigation purposes and whether effluent could be discharged into water which was meant for human consumption.

It criticized apathy of officials in completing the inquiry and asked Sindh additional advocate general Sindh Masood A. Noorani as to why the committee had not submitted its findings in the 15-day time.

Mr Noonari expressed unawareness about findings of the committee and said no intimation had been given to him. Hyderabad Civil Hospital medical superintendent Dr Hadi Bux Jatoi told the court that the committee had recorded statements of officials concerned and had met thrice.

When Mr Noorani pointed out that the local bodies department was also responsible for the situation because it had to ensure distribution of clean drinking water after proper tests, the court observed that it was under instructions of the then secretary for irrigation that polluted water was released into the Indus.

Mr Noonari said the Sindh government had also formed a committee to improve the water purification system. The court observed that effluent was being released into canals and rivers. It said it was the job the irrigation department to block flow of contaminated water into the River Indus.

It referred to an order dated Oct 9, 2003, passed by Justice Mohammad Roshan Essani and Justice Amir Hani Muslim, to prosecute industrialists violating the Pakistan Environmental Protection Act, 1997, so that discharge of effluent or waste into the Kalri Feeder Canal could be stopped.

The court said the irrigation department had violated the order by discharging polluted water from Manchhar into the Indus river. It directed the Sindh government to ensure compliance with the order.

It also directed the inquiry committee, headed by Ashfaq Memon, to fix responsibility on officials who violated the order. The court ordered respondents against releasing effluent and polluted water into the River Indus and canals.

It separated a part of suo motu proceedings to see whether the pre-arrest bail granted to four officials of health and irrigation departments and Wasa in the water contamination case by the sixth additional sessions judge of Hyderabad was based on principles of law and whether the bench could interfere into the matter.