SHC tells govt to submit details on ‘independent’ Thar commission

Sindh chief secretary to consider names of reputable persons as suggested by petitioner


Our Correspondent March 02, 2016
Sindh High Court building. PHOTO: EXPRESS

KARACHI: The Sindh High Court (SHC) directed on Wednesday the provincial chief secretary to submit a report containing the names, mandate and working time frame of an 'independent' commission being constituted to investigate the causes of deaths in drought-hit areas of Thar.

Headed by SHC Chief Justice Sajjad Ali Shah, the division bench asked the top provincial bureaucrat to file these details by March 17.

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The two judges passed these directives while hearing three identical petitions seeking judicial probe into the deaths of nearly 200 people, including women and children, due to the drought in Tharparkar district.

The petition was jointly filed by the Pakistan Industrial Labour Education and Research (Piler), Pakistan Fisherfolk Forum and human rights activist Javed Iqbal Burki, who had sought a judicial inquiry into the negligence of the officials that allegedly led to the deaths, mostly of women and infants.

One of the petitioners, Piler, had sought contempt proceedings against the provincial chief secretary under Sections 3, 6 and 12 of the Contempt of Court Ordinance 2003 read with Article 204 of the Constitution.

On April 11, 2014, the court had directed the chief secretary to propose names of the members of the judicial commission, the petitioner pointed out. Instead the officer himself constituted a commission, which is a violation of the court's order, therefore, contempt of court proceedings may be initiated against him, the petitioner had pleaded.

During Wednesday's proceedings on the contempt plea, Sindh chief secretary Muhammad Siddique Memon appeared along with his focal person, Dr Saeed Ahmed Quraishy, Board of Revenue senior member Muhamamd Waseem, health secretary Saeed Ahmed Mangnejo, special initiatives secretary Ejaz Ahmed Khan and livestock secretary Muhammad Ramzan Awan.

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At the outset, the chief secretary gave the court details of the measures taken by the provincial government to improve living conditions in Thar. Memon told the judges that the Sindh government is ready to constitute an independent commission, as a three-member commission formed on February 10 this year, has 'shown reluctance to undertake the assignment'.

On the other hand, Advocate Faisal Siddiqui, who appeared for one of the petitioners, said he will address a letter to the chief secretary in a day or two suggesting names of credible persons that can be taken on board for the commission. The secretary said that any names suggested by the petitioner will be more than welcomed.

"In the circumstances, the chief secretary would, after considering the names suggested by Advocate Faisal Siddiqui, submit before this court the names of the commission on March 17 with their mandate and period in which they have to report," ordered the chief justice, before dismissing the contempt application, which was no more pressed by the petitioner's lawyer.

Published in The Express Tribune, March 3rd, 2016.

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