SC hints at forming probe commission

Apex court directs three provinces and establishment division to file their reports.

Express November 11, 2010

ISLAMABAD: The Supreme Court on Wednesday indicated that it will hear a case involving dyke breaches and diversion of floodwaters and constitute a commission to investigate the matter once reports from the establishment division and three provinces, except for Balochistan, are submitted in the court.

In this connection, Balochistan Additional Advocate-General Salahuddin submitted a report before a three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry.

According to the report, after a breach in Tori Bund, Jaffarabad district was flooded, causing huge losses to the infrastructure. He added that the floodwater was diverted from Sindh towards Balochistan.

Punjab Chief Secretary Nasir Saeed Khosa, who was also present in the court in another case, informed the bench that the provincial government has constituted a judicial commission to probe into the matter. And it will soon file its report which will be submitted in the Supreme Court.

PML-Q lawmaker Marvi Memon submitted before the court that she has already filed additional documents in support of her petition. Memon also said that she would like to submit more records including a compact disc that shows how Sindh irrigation department officials were breaching dykes.

“The Sindh irrigation department has already admitted that it had breached Tori Bund. The defence minister has also admitted on the floor of the National Assembly that the Met department had warned the Sindh government. The authorities concerned should be asked to explain as to why they did this,” she pleaded before the bench.

The court was also informed that the Prime Minister Secretariat and the Balochistan government have filed their replies.

However, the three provinces and the establishment division are yet to submit their reports.

Let the reports from all the parties be submitted in the court, the bench will hear the case in detail and would also constitute a commission to probe the matter, Justice Chaudhry observed.

The chief justice, while issuing fresh notices to the remaining respondents directed them to submit their replies. The hearing was adjourned till December 1.

Published in The Express Tribune, November 11th, 2010.

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