For justice’s sake: Petitioner seeks to establish courts, tribunals for tort

Says govt officials accused of tortious or harmful acts should be held accountable.

KARACHI: The Sindh High Court sought the attorney general’s assistance on Tuesday in deciding a petition seeking the establishment of courts and tribunals to settle matters relating to torts (tortious or harmful acts) of the government or any person in the government service.

Tort is defined as a wrongful act or an infringement of a right (other than under contract) leading to legal liability. Ata Hussain Maitlo had gone to court seeking direction for the relevant authorities to establish the courts and tribunals to decide the matters against the people in the government service over their tortuous or harmful acts.

The government is bound to establish courts and tribunals to settle matters relating to claims arising from tortious acts of the government or any person in the service of Pakistan or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties, Maitlo stated in his petition filed in December 2012.

“Under Article 212 of the Constitution of 1973, the provincial and federal governments shall establish such tribunals,” Maitlo argued. “But no progress had been made despite the lapse of 39 years which amounts to usurping the rights of the citizens.”

The petitioner maintained that the need for laws for dealing with complaints of tortious acts had been recognized in the entire world in order to protect the rights of citizens against government functionaries. Therefore, the non-establishment of courts and tribunals amounts to giving immunity to government functionaries which were committing wrongful acts against citizens, he stressed.

Published in The Express Tribune, November 20^th, 2013.