ISLAMABAD - The Supreme Court on Thursday expressed dissatisfaction on the provincial governments’ performance to redress grievances of the physically challenged persons in regard to their employment and other privileges.

Noting the actions of governments are only in papers, the top court observed ‘lack of will from the provincial governments’ and directed provincial secretaries concerned as well as officer concerned from the federal government to appear before the court along with the reply as to whether or not the governments want to implement the laws relating to physically challenged persons.

They are also directed to submit if the governments want to implement such laws in true letter and spirit then a timeline with respect to the future course of action must also be submitted.

The bench observed that the matter pertaining to rights of physically challenged persons and redressal of their grievance has been pending adjudication before the top court for five years but with no improvement.  “Various laws passed but as usual the question is implementation,” the top court further observed.

A three-judge bench headed by Justice Sheikh Azmat Saeed, which was hearing identical petitions and human rights applications filed by physically challenged persons, also expressed concerns for distribution of advertisements to selective newspapers with less circulation.

When the bench inquired about the progress in the case by provincial governments, Additional Advocate General Sindh Barrister Shabbir Shah submitted the provincial government’s reply.

According to the submitted reply, the advertisements in the newspapers regarding Notifications of Redressal of Grievances Committees, Special Medical Boards & District Recruitment Committees will be published within 7 days and the ads regarding the recruitment in various departments will be published within 15 days and all the process of employment will be completed as per directions of the Supreme Court.

The report states that the Sindh Information Department has been directed to contact with the PEMRA regarding usage of free air time for the dissemination of information regarding the rights, privileges and redressal of grievances mechanism in radios and televisions.

Grievances’ Mechanism Redressal in the three tiers is constituted including the district level, divisional level and provincial level, the report stated.

Grievances Redressal Officer (GRO) shall receive the complaints with regard to non-compliance of any of section as provided in Sindh Empowerment of Persons with Disabilities Act 2018 from the aggrieved persons with disabilities and shall investigate it and take up the matter with concerned establishment for corrective action.

The GRO shall inquire every complaint within two weeks of its registrations. If, the aggrieved persons with disabilities are not satisfied with action taken on his/her complaint, he or she may approach the Administrative Department.

Separately, committees headed by Deputy Commissioners concerned have also been constituted namely District Recruitment Committee(s) for physically challenged persons for the recruitment except the posts to be filled through Sindh Public Service Commission.

These committees shall invite applications from the physically challenged persons domiciled in Sindh for their appointment against their share of jobs in Sindh Government. These committees shall scrutinize, categorize and shortlist the applications. These committees shall also submit their recommendations to the competent authority after fulfilling all the codal formalities.

Justice Mushir Alam, member of the bench, observed that the report of Sindh Government does not mention the secretariat of these committees. He observed that the members of committees if scattered in different offices will cause the problems to the aggrieved physically challenged persons.

Shah contended that the administration of these committees is the sole responsibility of welfare department.

Justice Alam however observed that there are no Standard Operating Procedures (SOPs), saying the SOPs should be made.

Justice Saeed observed that it is not the job of court to manage minor issues and the provinces should do by themselves.

Rasheed A. Rizivi, representing disabled persons, opposed the formation of committees comprising bureaucrats saying that such committees have been constituting since 1981 but no progress has ever been noticed.

He argued that representatives of civil societies should also be included in the committees because bureaucrats do not even like to meet physically challenged persons.

On this Justice Saeed held petitioners and applicants responsible for no progress in the case.

“You people create hindrances when there is a little progress by the provinces,” observed Justice Saeed adding, “you cannot have perfection in first attempt.”

He then addressed Rizvi and told him that he is not letting this court to move forward.

“They (provinces) are ready for cooperation but you are not letting them cooperate,” Justice Saeed further told the petitioners.

A visually impaired professor complained that the persons with visual disability are not accepted in education department overall Pakistan despite the fact that education is the only sector where visually impaired persons can perform.  

Another visually impaired person alleged that the Non-Governmental Organization (NGOs) have started looting money in the name of physically challenged persons.

During the proceedings, Justice Saeed also rejected the reports of Punjab and Khyber Pakhtunkhwa on the matter showing totally dissatisfaction.

He told the law officers that they are not working wholeheartedly in the case. He observed that there is zero progress by the provinces. “I have lost interest in the matter,” observed Justice Saeed adding, “either the governments repeal all the laws relating to physically challenged persons if the same cannot be implemented in true letter and spirit.” 

The bench while summoning the secretaries concerned along with replies adjourned the hearing for a week.

In the previous hearing, the top court had clarified that merely because this court is hearing the matter does not absolve the Federation and the Provinces or the private sector from fulfilling their obligations of employment of persons with disability or actualising their other privileges.

“One other thing which has been emphasized today again is that the rights extended to the persons with disability are usually not granted to such persons who are suffering from visual impairment and even when employment is granted, such persons are ignored even when they are in a position to perform their duties,” the previous order had further observed.