Representational image. PHOTO: REUTERS
The plea, filed by a citizen, Imran Shahzad, was heard by a two-member of SHC, comprising Justice Muhammad Iqbal Kalhoro and Justice Abdul Mubeen Lakho.
Shahzad has mentioned in the plea that rides at the park are ill-maintained, which poses a risk to the lives of citizens. He has also claimed that the removal of greenbelts from the parks premises and thereafter using it for commercial purposes without obtaining a no objection certification is illegal. The plea states that many of the city's parks are illegally occupied and those left are being run on a commercial basis.
Particularly referring to the incident of the swing collapse in the park which claimed the life of a 12-year-old girl, the plea reads that several people were injured and a minor girl was killed as a consequence of the mishap. As a safety measure, leaving a 300-yard space around the swings vacant is necessary, it says.
Basing the argument on the claim that the park management does not have the facility to offer proper first-aid to treat people in case of an emergency, the plea moves the court to seek a reply from the park management on high-rise swings in the recreational facility.
The petitioner has also appealed to the court to issues directives prohibiting the commercial use of the park and pass orders for the removal of 'illegal rides'. He has also suggested that trees be planted on the park's premises and its land be covered by grass, following which, the recreational facility can be opened to the public for free.
Askari Amusement Park management, Karachi mayor and the Sindh government have been nominated as parties in the plea.
In response to the petitioner's arguments, the government's counsel questioned the maintainability of the plea, saying that the swing collapse did not affect the petitioner.
At this, the court remarked, "Does the petitioner, being a citizen of the country, not have the right to file a plea even if he was not affected as a consequence of the incident?"
Thereafter, Akhtar and the park's management requested the court for an extension for submitting the replies on the plea. The court granted the extension, directing them to submit the replies by December 17.
Earlier, police and Karachi deputy commissioner (DC) had submitted a report about the swing collapse incident to the court. Besides, another report of the incident, released by an investigation committee, which was headed by East District DC, was submitted to the chief secretary. According to the reports, a minor girl was killed and 15 persons were injured in the incident.
Non-payment of dues
The same bench also sought details of the agreement between South DC and transporters, while hearing a contempt of court plea filed against the former. The plea has been filed citing the non-payment of dues on account of transport rent for buses hired during the 2017 census.
Presenting the petitioner, Ilyas’ case, his counsel, Advocate Munsif Jan informed the court that South DC had rented 72 buses during the census and the rent for each bus per day amounted to Rs8,000. The rent covered the cost of the fuel, the driver’s salary and cost of the maintenance work for the upkeep of the buses, he said. However, South DC paid Rs2,000 as a day’s rent for each bus, said Munsif, adding that the DC employed the buses for 36 days. He moved the court to order the DC to pay the remaining dues that add up to Rs9.3 million.
At this, the court sought details of the agreement between South DC and the transporters and adjourned the hearing till December 31.
Published in The Express Tribune, November 21st, 2019.
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