SHC stops transfer of national park land

Summons CS over alleged encroachment on Kirthar National Park


Our Correspondent August 12, 2023
A file photo of the Sindh High Court building.

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KARACHI:

The Sindh High Court (SHC) has summoned the provincial chief secretary in response to a petition against the construction of a housing scheme within the boundaries of Kirthar National Park, in Malir District.

Appearing before a two-member bench, headed by Chief Justice Ahmed Ali Sheikh, the petitioner's counsel contended that expansive swathes of Kirthar National Park's pristine terrain were being given away to a builder.

This allocation, set to burgeon into a sprawling housing enclave, raises a grave specter of encroachment on the park's domain. Concerns now reverberate that this encroachment might precipitate the extinction of rare fauna, a consequence of augmented human activity within the park's precincts. The proposed housing venture, if realised, portends a somber trajectory for the local ecology and the wildlife that resides within this precious natural reserve.

Amid an atmosphere resonating with exasperation, the judges voiced their dismay at the silence of the administration of the province in response to queries of the court. The chief secretary has been summoned with a directive to appear in person.

The court also extended the injunction, fortifying the prohibition against any transfer of land within the bounds of Kirthar National Park to the said developer. The court resolved that not an inch of Kirthar National Park's land shall be ceded under any circumstances. The bench adjourned the hearing till the last week of August.

Meanwhile, another two-judge SHC bench sought a response within a week on a petition regarding the implementation of the Sindh Children Act for imprisoned children across the province.

The bench, headed by Chief Justice Ahmed Ali Shaikh, took up the petition which seeks to ensure the effective application of the Sindh Children Act.

The petitioner's counsel, Qazi Javed Advocate, submitted that 13 years have passed since the Sindh legislature passed the Children Act Rules, 2011, but remand rooms have not been created in every district jail for children. And due to non-availability of remand rooms, children are being kept with the under-trail criminals.

Advocate Qazi stated that the rules enacted by the Sindh government should be implemented. "The law envisages a remand room in every district jail across Sindh, but at present only Karachi has a remand room, another one in Nawabshah is not in use," he submitted.

As many as 106 children are imprisoned in Sindh's jails while 31 children are in remand room in Karachi alone. In other districts, children are serving jail time along with criminals.

The Sindh government's counsel sought time to submit a reply. The court expressed its displeasure over the failure of the Sindh government to file a reply. "Why a reply has not been filed," Chief Justice Sheikh remarked. "The chief secretary had to be called again and again. Do something good with your own hands," he further remarked while raising questions on the performance of the provincial government.

"If a reply is not submitted within a week, the chief secretary will be summoned," Justice Sheikh warned.

Published in The Express Tribune, August 12th, 2023..

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