SHC seeks arguments in SSWMB transfer case

Govt maintains apex court did not give a binding order

KARACHI: The Sindh High Court (SHC) sought on Tuesday arguments on whether it could pass an order to transfer the Sindh Solid Waste Management Board (SSWMB) to the Karachi Metropolitan Corporation (KMC) when the matter has been pending in the Supreme Court (SC).

A two-judge bench, headed by Justice Muneeb Akhtar, asked the lawyer representing Karachi Mayor Wasim Akhtar and the provincial advocate-general to present arguments tomorrow (July 20). The bench was hearing a petition jointly filed by the Muttahida Qaumi Movement - Pakistan and the city mayor, which sought devolution of the SSWMB to the KMC.

During the proceeding, the petitioners' lawyer, Barrister Farogh Naseem, argued that while the SC had ruled that the SSWMB should be handed over to KMC by the Sindh government, the same had not been complied with, despite the lapse of four months.



The judges inquired how the high court could interfere in a matter in which the apex court had already given its observations.

An additional advocate-general (AAG) of the provincial government contended that the provincial government had already filed a review application in the SC in this regard.

However, Barrister Naseem informed the bench that the SC had yet to pass any order on the government review plea that could bar the high court from passing an order in this regard.



The AAG maintained that the SC had not passed any order regarding the transfer of the waste management board to KMC. He added that the apex court had just given its recommendations. "It is not binding on the provincial government to implement those recommendations," the law officer reiterated the stance which has been taken by the Sindh government since the petition was filed in the SHC.

Meanwhile, Barrister Naseem insisted that the apex court had not given recommendations, but it had clearly ordered the provincial government to hand over SSWMB to KMC. He argued that the apex court had also directed the Sindh government to strictly implement the rules of business. The barrister argued that the act of not devolving the SSWMB to the metropolitan corporation was a violation of Article 140 of the Constitution on the part of the provincial government.

Justice Muneeb observed that the petitioners may approach the SC to seek clarification of its observations made in the matter.



The bench also clarified that it will hear the matter since it involved the public interest at large. However, it will not pass any order to extent of the SC's observations on transfer of the board to the KMC.

The judges directed the petitioners' lawyer to argue whether the high court could pass an order in light of the observations made by the SC. The court also directed the Sindh AG to attend the next hearing which has been fixed tomorrow (July 20).

 

Case history

The Karachi mayor had filed a petition in the SHC in which he had maintained that the SSWMB was established under the Sindh Solid Waste Management Board Act, 2014, and was being run by the Sindh government since its establishment.



The mayor had referred to a SC verdict where it had been observed that the 'non-functional board [SSWMB] has never performed and should be dissolved to local bodies as provided under the rules of business'. He had contended that despite the directives of the SC, the relevant provincial authorities had not taken any step to transfer the functions of the board to the elected local representative bodies.

Akhtar had pleaded to the court to direct the relevant authorities to transfer all the 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, which they had received for the purpose of solid waste management, and to appoint a reputable auditor to audit the financial matters of the board.