SHC summons govt's reply on SSWMB dissolution case

Mayor wants powers, functions devolved to local bodies, KMC

KARACHI: The Sindh High Court (SHC) sought on Thursday a reply from the provincial government regarding implementation of the Supreme Court's order to dissolve the Sindh Solid Waste Management Board (SSWMB) for failing to perform its functions of lifting and disposing of garbage across the province.

A two-judge bench, headed by Justice Syed Hasan Azhar Rizvi, asked the provincial advocate-general to file the reply by June 18. The bench was hearing a petition filed by the Muttahida Qaumi Movement - Pakistan through its leader and Karachi Mayor Wasim Akhtar.

They had sought direction for the provincial government to dissolve the SSWMB and hand its functions over to the Karachi Metropolitan Corporation (KMC). They referred to  a Supreme Court order in which the court stated that the 'non-functional board [SSWMB] has never performed and should be dissolved to local bodies as provided under the rules of business', the apex court had ordered in its judgment dated March 8, issued after lengthy hearings on a petition seeking judicial inquiry into the provincial authorities failure to supply clean drinking water and improve sanitation conditions in the province.



During the hearing, Barrister Farogh Naseem, who represented the petitioners, said due to failure of the provincial authorities under the guise of the solid waste management board to lift and dispose of garbage, an outbreak of various diseases like chikungunya had spread across the city.

He argued the Supreme Court had in its order of March 8 had clearly ordered that the 'non-functional board [SSWMB] had never performed and should be dissolved to local bodies as provided under the rules of business'.

He alleged that despite the directives of the Supreme Court, the provincial authorities had not taken any steps to solve the board and transfer its functions to the elected local representative bodies. He maintained that the petition had been filed to seek implementation of the apex court's order under Article 187(2).



Advocate-General Barrister Zamir Ghumro contended that the apex court had not passed any order for devolution of the SSWMB. He argued the apex court had instead given its observations.

He informed the court that a judicial commission appointed by the Supreme Court was already looking into matters regarding sanitation in the province, including lifting of garbage.

The judges observed that the whole province had turned into a garbage dumping site. They directed AG Ghumro to file a reply regarding the Supreme Court's order passed in this regard. He sought time, which was granted till June 18.

Case history

In the plea, the mayor informed the court that the SSWMB was established under the Sindh Solid Waste Management Board Act, 2014 with functions to cater to the needs of the people and was being run by the Sindh government since its establishment.



Akhtar had pleaded to the court to direct the concerned authorities to transfer all assets falling under the umbrella of the Sindh Solid Waste Management Board Act, 2014 to the local government institutions. He had further requested the SHC to direct the respondents to give complete details of all the funds they had received for the purpose of solid waste management and to appoint a reputable auditor to ascertain the facts.