Tharparkar deaths: Sindh govt turns to apex court over probe

Claims certain media segments had blown the issue out of proportion.

ISLAMABAD:

Authorities in Sindh on Monday approached the Supreme Court against the October 31 ruling of the Sindh High Court (SHC) on forming an inquiry commission to probe the death of children in the drought-hit areas of Tharparkar.

Advocate General (AG) Sindh Abdul Fattah Malik filed a three-page petition, on behalf of the Sindh government in the apex court, seeking early hearing of suo motu proceedings into the deaths in Tharparkar.

In its application, the Sindh government contends that certain quarters in the media had blown the issue out of proportion by publishing reports, which it said were incorrect.

The application states that despite the pendency of suo motu’s proceedings, the SHC has also taken up a number of identical petitions seeking the court’s directions for authorities to provide immediate relief to the affected families and take punitive action against the officials responsible for it.



The provincial government had also submitted a comprehensive report in the high court, wherein it stated that Pakistan Peoples Party (PPP) Senator Taj Haider has been appointed as the focal person to spearhead the relief activities in Tharparkar.

Subsequently, the PPP-led government also furnished details of measures it has taken for providing relief to the people.

The application stated that it was expected that the high court would dispose of the case following the submission of a comprehensive report submitted by various provincial government departments.

The provincial government claims that since the issue is pending before the apex court, these petitioners have no ground (locus standi) to file pleas in the high court under Article 199 of the constitution.

Marred by confusion, the provincial government formed a commission to probe the tragedy in Thar.

On October 31, the SHC suspended the notification of that panel and appointed a judicial commission by directing session judges of the draught-hit areas to investigate the matter.

The provincial government, in its plea requested the top court to intervene into the matter and set aside the high court’s October 31 ruling on the constitution of a judicial commission in the interest of justice.

Earlier this year, former chief justice Tassaduq Hussain Jillani had taken notice of the deaths in Thar.

Responding to a swirl of accusations levelled against the provincial government, Advocate General Sindh Fateh Muhammad Malik on March 11 conceded responsibility for children’s deaths in the drought-hit district. Three days later, the top court directed Sindh Chief Secretary Sajjad Saleem Hotiyana to submit an explanation into the provincial government’s failure to translate early drought warnings by the United Nations into early action, which could have prevented tragic deaths in the area.  Last month, an inquiry commission formed on April 14 to probe negligence in handling the drought that led to deaths of over 234 people, mostly children, in Tharparkar placed the onus of blame on the Sindh Health Department and elected representatives of the area.

In its report, the judicial panel said that the Thar region has historically been neglected by those in power.  The report said that the death toll would not have been so high if residents were provided sufficient medical facilities in their areas of residence.

Published in The Express Tribune, November 25^th, 2014.