KARACHI - The Supreme Court of Pakistan on Monday took back its directions to Sindh Chief Minister Murad Ali Shah regarding the removal of Murtaza Wahab as Karachi administrator after he tendered an unconditional apology. The top court directed that the post of administrator should be kept away from politics and instructed Wahab to fulfil his responsibilities while remaining above political affiliation and pressure.

A two-judge bench comprising Chief Justice Gulzar Ahmed and Justice Qazi Mohammad Amin issued a directive for Wahab’s removal after an argument with him while hearing numerous important matters pertaining to unauthorised and illegal construction, encroachments of amenity plots, conversion of residential properties into commercial ones and the issue of two private hospitals allegedly running their health facilities on amenity plots at the apex court’s Karachi registry. 

A petition filed in 2014 seeking possession of Hindu Gymkhana, a matter about Nasla Tower’s demolition, applications about rehabilitation of affectees dislocated due to the anti-encroachment drive in Karachi and the cases regarding the Karachi Circular Railway were fixed for hearing.

Attorney General of Pakistan Khalid Jawed Khan, Advocate General of Sindh Salman Talib Ud Din, Karachi Commissioner Iqbal Memon, Wahab and senior Director of the anti-encroachment department Bashir Siddiqui were present during today’s hearing. 

 

During the hearing of a matter related to the Gutter Baghicha park, Justice Amin, while addressing Wahab remarked, “These are state lands [and] not your personal property. [You will] have to return them. If we don’t take them [back] then someone else will. You will return the lands,” Justice Amin thundered. 

“Should we leave the government?” Wahab questioned, saying that “major observations are” made about the provincial government by the court. “Silence yourself mister, what are you saying? Don’t do politics here,” the chief justice reprimanded the administrator.

“Get out from here. We will fire you right now. Are you an administrator or a political leader?” Justice Gulzar questioned. He remarked that an administrator was appointed to serve the people in an impartial manner and the position was not meant to be used for politics. 

“The administrator, prima facie, failed to perform his duties. The administrator’s behaviour is that of political leaders [and] not of serving the citizens,” the chief justice remarked. The court ordered Wahab’s immediate removal and directed the Sindh chief minister to appoint an “impartial and competent” person in his place.

In October this year, the Supreme Court had ordered the Karachi administrator to remove encroachments on the premises of the Gutter Baghicha Park and restore it to its original shape and to properly maintain it for public.

Also, the court ordered authorities to register a case against officials involved in approving the building plan of the 15-storey Nasla Tower in Karachi, and directed that departmental and criminal proceedings be initiated. AGP Khan informed the court that steps had not been taken yet to provide compensation to the affectees of Nasla Tower and requested the Supreme Court to ensure the same. 

 

The chief justice then questioned the commissioner about mentioning that the Sindh Building Control Authority (SBCA) obstructed the demolition work in a report that he submitted to the apex court.

 

“Such a building is torn down in one hour in the world. What are you people doing?” the chief justice asked.

Justice Amin said that if anyone was interfering then it would amount to contempt of court.

“We did not obstruct. I challenge the report,” the SBCA director general said and read the report out loud on the court’s instruction. The chief justice said he was giving the DG a contempt notice and told him to respond to it while Justice Amin remarked that no obstacle would be tolerated in the implementation of a court order. 

“According to the report, the SBCA also demanded bribe from the contractor,” the chief justice noted. 

The court directed the DG Anti-Corruption Establishment (ACE) to register a case against the DG SBCA and submit a report after conducting legal proceedings and investigation. 

The city commissioner was also directed to use all government resources and complete Nasla Tower’s demolition within a week.

While hearing an application against alleged commercial activities on premises of Askari Park, the Supreme Court directed that the park be handed over to the KMC in two weeks. 

The Supreme Court also heard a case related to encroachments on and around Jheel Park and issued notices to the administration of a mosque, allegedly built on encroached land, and the Auqaf department, directing them to appear in court tomorrow.