ISLAMABAD – The Federal Constitutional Court has withdrawn the Supreme Court’s orders of December 21, 2018, and January 22, 2019, which led to the demolition of Karachi’s Nasla Tower.
The court has issued a written verdict, saying the apex court’s ruling that action against illegal constructions primarily falls within the jurisdiction of provincial governments rather than the judiciary.
The court held that courts should remain confined to the dispute before them and avoid unnecessary intervention in matters beyond the scope of the case. It observed that the Supreme Court had issued directions extending beyond the pending proceedings.
The constitutional court further stated that demolition orders cannot be issued solely on the basis of reports submitted by the Sindh Building Control Authority without fulfilling the legal requirements. The judgment stressed that due process is a mandatory constitutional requirement in every case.
The court clarified that its decision is not intended to provide legal protection to illegal constructions but to ensure that any action taken against them complies with the law. It added that Karachi already has an effective legal framework and relevant institutions responsible for addressing illegal constructions, while the Sindh government and the concerned authorities are constitutionally and legally bound to monitor and take action against such structures.
As part of its ruling, the Constitutional Court set aside the Supreme Court’s orders dated December 21, 2018, and January 22, 2019, along with all actions taken under those directives.
In an additional note, Justice Syed Arshad Hussain Shah stated that protecting citizens’ fundamental rights and public facilities is the state’s foremost responsibility. He emphasized that parks, playgrounds, green belts, footpaths, beaches, and other public spaces should be protected from illegal encroachments and unauthorized alterations.
