CB seeks report on govt's slums policy

The Constitutional Bench (CB) of the Supreme Court has ordered the federal government to submit in two weeks a report explaining its policy with regard to informal settlements or slums.

The head of the bench, Justice Aminuddin Khan, has, however, noted that regulating slums is the job of provincial and local governments. A seven-member CB on Monday resumed hearing a number of constitutional cases including one with regard to informal settlements in Islamabad.

At the start of the hearing, Justice Aminuddin Khan remarked that the regulation of slums is the responsibility of the provinces and local governments.

Justice Jamal Khan Mandokhail questioned whether the federal government could legislate on matters under provincial jurisdiction. He also asked as to what constitutes a "kutchi-abadi"—an informal settlement. "In Balochistan, most houses are kutchay—made of mud."

Justice Hassan Azhar Rizvi observed that land grabbers set up informal settlements along riverbanks, and plots meant for public facilities are converted into housing for these settlements. "What measures has the government taken to prevent informal settlements? " he asked.

The lawyer for the Capital Development Authority (CDA) agreed that the definition of a slum needs to be determined first. "The CDA has notified ten informal settlements," he said.

Justice Mandokhail said if there are any encroachments beyond these settlements, action should be taken. There are laws in place to address illegal encroachments, he said. The CDA lawyer informed the court that a stay order has been issued against the removal of encroachments.

Justice Muhammad Ali Mazhar advised the CDA to approach the relevant court to get the stay vacated.

"How do encroachments come into existence? Even officials of the government institution are often involved in constructing them. First, a small roadside café appears, and gradually a settlement develops around it," he noted.

During the hearing of a petition regarding making religious education mandatory in schools, the CB instructed the issuance of notices and directed that the petition be numbered.

The petitioner's lawyer, Aniq Khattana, informed the court that the petition requests the mandatory implementation of religious education under the relevant articles of the Constitution.

Justice Hassan Azhar Rizvi remarked that back in 1971-72, they studied Nazra—Quranic recitation—in Sindh schools. Justice Naeem Akhtar Afghan added that in Balochistan, a law has already been enacted for Quranic education.

A CB also heard an appeal filed against the objections raised by the Supreme Court Registrar Office on a petition of former Peshawar High Court chief justice Waqar Ahmed Seth regarding the elevation of judges to the Supreme Court in violation of the principle of seniority.