SHC asks AG Sindh to submit comments on 22nd

KARACHI - Sindh High Court on Friday directed the Advocate General Sindh to submit comments over breaching of Tori Embankment in the next hearing on October 22. An SHC bench headed by Chief Justice Sarmad Jalal Usmany conducted hearing on two identical petitions over breaching of Tori Embankment (bund) and against the formation of Enquiry Commission to probe into the matter. Abdul Majeed Pirzada, a senior counsel, appeared before the Court and submitted that the government representatives had deliberately breac-hed Tori Bund to protect their properties causing damaged at many villages located about 80 km, north of Sukkur on the right bank of river Indus. The evidence is available with all the leading TV channels and newspapers of the country and there are number of witness who have seen this happening. The second identical petition was moved by former chief ministers Sindh Mumtaz Ali Bhutto and Liaquat Ali Jatoi, and others who sought formation of a judicial inquiry to assess and determine the illegalities in breaching the dykes of Torri, Ghouspur Loop and BS Feeder. The plaintiff continued that the procedure adopted by the Government and the Commission is illegal, malafide, without lawful authority and violating the principles of natural justice and section of the General Clauses Act. The heavy rains in the catchments areas of River Indus, triggered massive floods in the river in the North in the Khyber Pakhtunkhwa province therefore, a warning was issued to the Government of Sindh by the Flood Commission of Pakistan that a flood of over 1,000,000 cusecs will hit Guddu and Sukkur Barrages after two to three weeks. The petitioner cited Federation of Pakistan, Sindh Government, Secretary Law Department, Secretary Irrigation Department, Federal Law Ministry, Gulam Qurban Soomro and Zahid Qurban Alvi, retired judges of SHC, now members of the Enquiry Commission, as respondent. The petitioner prayed to declare the said Commission as illegal, while the proceedings before the Enquiry Commission be stayed till the decision of the Court. He also pleaded that the members of the commission be called upon to explain as to under what authority of law they are working as Enquiry Commission and what are its powers and the terms of reference, while the Government of Sindh should ordered to collect the evidence regarding loss of property of the affected people. He also pleaded that the victims of Tori Bund should be provided compensation.

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