SSWMB devolution case: Govt, KMC counsels take conflicting positions
Mayor's lawyer maintains apex court issued clear directive to devolve the board
Sindh Govt decides to appoint 400 new public prosecutors . PHOTO: FILE
KARACHI:
The Sindh High Court (SHC) sought on Wednesday the provincial advocate-general's reply to the Karachi Mayor Wasim Akhtar's petition seeking devolution of the powers of Sindh Solid Waste Management Board (SSWMB) to the Karachi Metropolitan Corporation.
A two-judge bench, headed by Justice Munib Akhtar, fixed the matter for Thursday (July 26).
Concluding his arguments, the mayor's lawyer, Barrister Farogh Naseem, told the court that the Sindh government's act of not transferring the authority to manage solid waste to the KMC was a violation of the Article 140 of the Constitution.
SHC seeks government's reply on mayor's petition seeking devolution of SSWMB
He reiterated that the Supreme Court (SC) had clearly directed the government to transfer the functions of the SSWMB to the local government institutions, but the respondent had failed to implement such order despite the lapse of four months. The bench members inquired how the high court could intervene in a matter where the SC had already passed an order.
The Assistant Advocate-General (AAG) Barrister Ghulam Mustafa Mahesar informed the SHC that the government had already filed a review application with the SC over the matter. However, Barrister Naseem contended that the SC had not yet passed any order on the government's review plea, therefore, the government was legally bound to transfer the waste management board to the civic authorities.
AAG Mahesar also claimed that the apex court had not passed any such order and only made an observation, which was not binding on the government to implement. The mayor's lawyer refuted the AAG Mahesar's argument, maintaining that the SC had passed a clear order to the government to transfer the SSWMB to the KMC.
SSWMB devolution case: Provincial govt cannot assume local govt powers, argues MQM lawyer
The Sindh High Court (SHC) sought on Wednesday the provincial advocate-general's reply to the Karachi Mayor Wasim Akhtar's petition seeking devolution of the powers of Sindh Solid Waste Management Board (SSWMB) to the Karachi Metropolitan Corporation.
A two-judge bench, headed by Justice Munib Akhtar, fixed the matter for Thursday (July 26).
Concluding his arguments, the mayor's lawyer, Barrister Farogh Naseem, told the court that the Sindh government's act of not transferring the authority to manage solid waste to the KMC was a violation of the Article 140 of the Constitution.
SHC seeks government's reply on mayor's petition seeking devolution of SSWMB
He reiterated that the Supreme Court (SC) had clearly directed the government to transfer the functions of the SSWMB to the local government institutions, but the respondent had failed to implement such order despite the lapse of four months. The bench members inquired how the high court could intervene in a matter where the SC had already passed an order.
The Assistant Advocate-General (AAG) Barrister Ghulam Mustafa Mahesar informed the SHC that the government had already filed a review application with the SC over the matter. However, Barrister Naseem contended that the SC had not yet passed any order on the government's review plea, therefore, the government was legally bound to transfer the waste management board to the civic authorities.
AAG Mahesar also claimed that the apex court had not passed any such order and only made an observation, which was not binding on the government to implement. The mayor's lawyer refuted the AAG Mahesar's argument, maintaining that the SC had passed a clear order to the government to transfer the SSWMB to the KMC.
SSWMB devolution case: Provincial govt cannot assume local govt powers, argues MQM lawyer