Dyke breach case: SC orders implementation of flood commission report

Govt asked to pay compensation to flood victims.

ISLAMABAD:

The Supreme Court (SC) directed that action be taken against officials responsible for failing to reinforce embankments of canals and ordered the federal and provincial governments to implement the recommendations of the flood inquiry commission in letter and spirit.

The order was passed by a three-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, comprising Justice Tariq Parvez and Justice Amir Hani Muslim. The court observed that the government is responsible for failing to protect the fundamental right of life and liberty of the people, therefore it is directed to ensure payment of the remaining amount pledged to flood survivors which amounts to Rs80,000 per family as soon as possible. The floods inflicted a loss of Rs855 billion to the national economy.

The flood commission fixed responsibility for the dykes’ breaches and declared that negligent and corrupt officials contributed to the loss of life and devastation caused by the floods. Irrigation departments of Sindh and Balochistan were held responsible for breaching embankments which caused an unprecedented loss of life and property in the floods which engulfed Pakistan in a 200-page report presented to the apex court on Monday. In the Punjab, officials failed to ensure pre-flood preparations, including mandatory stocking of loose stones to plug potential breaches and to carry out repair and maintenance in accordance with the flood protection plan for 2010.The SC had constituted the commission to investigate allegations regarding the unauthorised diversion of floodwater and deliberate breaches in the embankments of barrages and canals by influential people to save their lands during last year’s floods.

Well-connected locals encroached thousands of acres of land in katcha areas. Local and provincial governments also built encroachments and in some cases sold the land at nominal price. Among those directly responsible for failing to reinforce Tori bund and consequently inundating three districts of Sindh as well as the Jaffarabad district of Balochistan are the irrigation secretary Sindh, Guddu’s chief engineer, the XEN in charge and their staff, according to the report. The commission recommended that illegally constructed structures on government land, which had been destroyed by the recent floods, should not be allowed to be rebuilt. Provincial chief secretaries will be responsible for implementing court orders and a compliance report will be submitted every fortnight. The chief justice ordered that the commission’s recommendations be made public.

The flood inquiry commission, headed by Muhammad Azam Khan, comprising Fateh Khan Khajjak, AW Kazi and Zaheer Ahmed was tasked with finding answers to a set of questions related to the maintenance of the embankments and dyke breaches to protect the estates of politically prominent landowners. The chief justice had taken suo motu notice on letters from Justice (retd) Fakhruddin G Ebrahim, Deputy Chairman Senate Jan Muhammad Khan Jamali amongst others. Marvi Memon had also petitioned the SC to investigate the issue and expedite the repair of embankments.

Published in The Express Tribune, June 8th, 2011.