Our Correspondent
Karachi
Chief Justice of Pakistan Justice Gulzar Ahmed on Thursday ordered authorities in SIndh to restore Karachi Circular Railway within a week and remove all encroachments.
The circular railway is a looping network of several stations that was expected to connect various parts of the city. Almost two decades ago, the transit project was abandoned. Since then, the railway land has been encroached or illegally occupied by people looking for a piece of land to dwell in the bourgeoning megacity.
A three-member bench presided by Chief Justice of Pakistan Gulzar Ahmad, comprising Justice Faisal Arab and Justice Sajjad Ali Shah, heard the case pertaining to the restoration of KCR in the Supreme Court’s Karachi Registry.
Karachi police chief Ghulam Nabi Memon, Mayor Waseem Akhtar and Sindh Chief Secretary Mumtaz Ali Shah appeared before the court. The court also issued a contempt notice to Sindh Provincial Minister for Labour Saeed Ghani over his remarks of not removing the encroachments.
During the hearing, the chief justice inquired regarding the progress made in restoring KCR. The Sindh advocate general replied that it is ‘impossible’ to restore the old KCR.
“There were 24 [KCR] gates, most of which are encroached, the land was to be provided by the Ministry of Railways,” the advocate general said. However, the railways secretary said the ministry was not delaying the project and was completing their responsibility.
To this, the chief justice said that even though the Ministry of Railways has not done its job according to the agreement, but “what have you [Sindh authorities] done?” The chief justice also ordered the Karachi commissioner The CJP remarked that the DG SBCA is personally involved in the matter of illegal construction of buildings in the city. “This is completely destructive for the city,” said the top judge, ordering the CM Sindh to personally look into the issue.
While issuing the order, the court expelled SBCA Director (research) Mushtaq Soomro from the courtroom. “No one is allowed to exploit citizens,” the court declared.
“This department of yours is very corrupt,” the court said to the Sindh advocate general.
“I admit, but there are some honest officials as well,” the advocate general replied.
During the proceedings, Justice Shah noted that “portions are being built after openly taking bribes, in every street, every block of Nazimabad”.
“Construction is being done while government-owned cars are parked [outside],” he added.
“This is the total destruction of the city of Karachi,” the chief justice remarked. The court also directed that petrol pumps and other structures built on the drain on Shahrah-i-Quaideen be removed.
During the proceedings, the top judge asked for the reason behind the situation in Karachi and said: “What a mess you have created in your self-serving interests. Entire parks, graveyards and residential plots have vanished. “You want to run Karachi, then run it and show us.”
The top judge asked Sindh Advocate General Salman Talibuddin if various illegal constructions in the city had been removed. “Tell us, what is the situation of parks and playgrounds?” Justice Ahmed inquired.
He told the advocate general to read Article 140 of the Constitution, which reads: “Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments.”
“Doesn’t this article apply to Sindh?” he asked. Throughout the proceedings, the various officials continued to trade blame. The provincial chief secretary told the court that the Sindh government had given most of the authority to the Karachi mayor.
“The mayor is wrong in saying he has no authority,” the chief secretary said. The top judge inquired about various aspects of the city’s infrastructure including the sewerage system.
“All the money goes in your pockets,” the top judge expressed his displeasure, asking if any money is spent of Karachi’s citizens. “Don’t be a master in front of us, you are an employee of Pakistan,” Justice Ahmed told the chief secretary.
“You people wear a suit and sit in an office. Tell us this, what street did you visit last,” he said adding: “Tell us why you people don’t make the city beautiful.”
Taking Karachi Mayor Wasim Akhtar to the task, the top judge asked Akhtar if he had constructed any roads. Responding to this, Akhtar said they had made small streets in the Nazimabad area of the city.
“There are no small lanes there, present a record of how many roads you have made,” the top judge said and asked him to tell the court what he had done for the city.
Addressing the municipalities secretary, Justice Ahmed said: “You may be someone’s favourite but there are no favourites here.” The court also asked the police about their strategy for removing encroachments, in response to which Additional IG Ghulam Nabi Memon said their job was to provide security.
Sindh Advocate General Salman Talibuddin said that they had provided a briefing in this regard, adding that the project had now been included in the China Pakistan Economic Corridor. “We have completed the framework and sent it to the federal government three times,” he said.
Meanwhile, the railways secretary said that they were not delaying the project; in fact, they were completing their responsibility. “The government doesn’t want that the circular railway is revived,” remarked Justice Ahmed, adding: “Now we will issue a contempt of court notice to the Sindh chief minister and railways secretary. Let’s also issue a contempt notice to the Karachi mayor and Karachi commissioner.
“Come with me, I’ll show you how the work is done. You people don’t want to fulfil your responsibility,” the chief justice said. The provincial advocate general said that the secretary was presenting an incorrect statement, adding that the removal of encroachments and handing over the land to the Sindh government was the responsibility of the Railways ministry.
“You people are [only looking at] your political agenda, due to political affiliations you are not doing this,” the top judge remarked. He reprimanded the railways secretary saying that instead of droning on with stories, the official should tell the court why the KCR was not operating. “This will not work, just tell us why the KCR is not functioning,” he said.
Meanwhile, the various officials involved continued to trade blame with the railways secretary alleging that the Sindh government was the hindrance. “Is this the Sindh government’s responsibility?” the court inquired, in response to which the railways secretary said that as per an agreement it was not the responsibility of the provincial government.
“Should we call the Sindh chief minister and ask him whose responsibility this is?” the court asked, asking the official: “You tell us, have you given the circular railway land to the Sindh government?”
The court expressed its displeasure, saying that at the time that the order was passed by the apex court, all the information was available. “You didn’t know these problems?”
“If you accuse one another, nothing will happen,” the judge said, adding that meetings had been ongoing for years yet no solution had been found. During the proceedings, Advocate Faisal Siddiqui told the court that 6,500 people had been made homeless, yet big plazas in the city were not being demolished.
“Big, big buildings have been made on railways land, go demolish them,” Justice Ahmed remarked. The hearing was briefly adjourned as the court sought a copy of the Executive Committee of the National Economic Council report that the KCR had been handed over to the Sindh government.
Chief Justice Gulzar Ahmed said that Chief Minister of Sindh should tell the court in writing why he is not allowing the local governments to become operative.
The court during the hearing declared transfer of the land adjacent to Alladin Park as unlawful. “How could the land be granted without auction,” the CJP asked. “If a piece of land could be given in other countries in this manner,” the chief justice said.
