Justice (retd) Amir Hani Muslim-led commission to start proceedings today

Notices served to federal and provincial authorities concerned in water and sanitation case

KARACHI: A Supreme Court (SC)-appointed judicial commission investigating the failure of the authorities concerned to provide clean drinking water and improve sanitation conditions in Sindh will resume proceedings under its new head, Justice (retd) Amir Hani Muslim, a former judge of the apex court, from Saturday (today), judicial sources told The Express Tribune.

The commission's registrar has issued notices to the federal and provincial authorities concerned, additional attorney-general and provincial advocate-general to appear before the commission at the Sindh High Court (SHC) in Karachi.

Notices have also been issued to the petitioner, Shahab Usto, federal planning and development secretary and provincial irrigation secretary and chairperson of the task force, along with the secretaries of the information, education, public health engineering, industries and local government departments. Heads of the Sindh Environmental Protection Agency, Karachi Development Authority, Karachi Water and Sewerage Board, Defence Housing Authority, Sindh Industrial Trading Estate, Karachi Port Trust and cantonment boards of Karachi have also been served notices.



A three-judge bench, headed by Chief Justice of Pakistan Mian Saqib Nisar, gravely concerned over the water scarcity and sanitation conditions in Sindh, unusually held the case's hearing on Sunday - a weekly holiday - on January 14 at the SC's Karachi Registry.

Also comprising Justice Faisal Arab and Justice Sajjad Ali Shah, the bench had heard the matter at length and minutely perused the report of the water commission, earlier headed by sitting judge of SHC Justice Muhammad Iqbal Kalhoro, which gave four recommendations in its report.

The first recommendation was to ensure "the supply of clean drinking water to the consumers in the entire province of Sindh". The second recommendation called for shutting drainage of untreated municipal, hospital and industrial waste into river Indus and its tributaries, canals and lakes.



To achieve the targets set in the first two recommendations, the third recommendation called for the repair and renovation of existing treatment plants for the supply of drinking water as well as the disposal of municipal, hospital and industrial sewerage. In its fourth recommendation, the commission advised setting up new treatment plants.

The petitioner had proposed that the implementation of the commission's recommendations needed constant monitoring and it was only possible if a former judge of the Supreme Court was appointed with the powers to implement and enforce the recommendations of the commission.

"The proposal appears to be workable," wrote Justice Nisar in the order available with The Express Tribune. "…we appoint Justice (retd) Amir Hani Muslim, former judge of this court, as a commission for a period of six months to take all measures to accomplish the referred object throughout the province of Sindh," the order read.

The apex court further ordered that the commission will be entitled to all the perks and privileges as provided to a judge of the SC, which the Sindh government will pay for, excluding judicial and house rent allowances.



The provincial government was also directed to provide suitable staff and transport facilities as well as security to the judge for purposefully executing the commission. The apex court ordered that the commission will have the powers to issue directions for implementation of the above recommendations. "In case any direction falling within the mandate of this order is not implemented, the commission shall refer the matter to this court for appropriate orders," the SC ordered. It also ordered the SHC chief justice to provide a suitable space and necessary staff  to the commission.

"The orders passed by the commission would be implemented subject to the ratification by a bench of this court," the apex court had ordered, adjourning the hearing till the second week of February.

The new head of the commission, Justice Muslim, headed the two-judge SC bench before his retirement that had initially ordered the formation of the judicial commission on December 27, 2016. The commission had submitted its report to the SC in February 2017.