KARACHI – Barrister Farogh Naseem on Monday served a legal notice on Sindh chief minister and others on behalf of Karachi mayor and MQM’s legislators for not implementing Supreme Court’s (SC) judgment on devolving the Solid Waste Management Board (SWMB) to local bodies.
A statement issued by Karachi Metropolitan Corporation (KMC) has stated that Principal Advocate Dr Farogh Naseem on behalf of Muttahida Qaumi Movement (Pakistan), Dr Farooq Sattar, Karachi Mayor Wasim Akhtar, MPA Syed Sardar Ahmed, Khawaja Izharul Hassan, MPA Rauf Siddiqui, Faisal Sabzwari and Khawaja Sohail Mansoor has sent a legal notice to the Sindh chief minister, Sindh chief secretary, minister for local government Sindh, secretary local government Sindh, secretary finance Sindh and secretary Sindh Assembly for not implementing the SC’s judgment of March 16 on the SWMB, in which it had decreed that “the non-functional Board which has never performed should be dissolved by transferring its functions to the local bodies as provided under the Rules of Business.”
Failing which legal remedies would be sought including the filing of contempt application before the SC and also filing of petition before the Sindh High Court (SHC), or both.
The legal notice said a full bench of the SC in Shahab Usto versus Government of Sindh constitution petition no.38/16 on 16.3.2017, while adversely commenting on the performance of the SWMB has, in the said judgment, been pleased to observe as follows, “The non-functional Board which has never performed should be dissolved by transferring its functions to the local bodies as provided under the Rules of Business.”
It is further stated in the notice that the above observations are binding on you under article 189 of the constitution, but till date no steps have been taken to dissolve the Board and transfer the functions provided in the Sindh Solid Waste Management Board Act, 2014 to the elected representatives of the local bodies, as directed by the SC.
Thus you, in particular the secretary Sindh Assembly, are under a direct duty to introduce and secure legislation in the Sindh Assembly repealing the 2014 Act. Alternatively the Sindh Government may advise the governor of Sindh to repeal the 2014 Act through an Ordinance. It is needless to stress that under Item no 3 of Part II to the 2nd Schedule of the Sindh Local Government Act 2013 the subject of solid waste management vests with the local governments.
Furthermore please note that 2013 Act has been legislated in pursuance of the constitutional mandate prescribed under article 140-A of the constitution and therefore, the functions prescribed therein could not have been eclipsed through the 2014 Act.
The minister and secretary finance Sindh are also under a direct duty to release funds to the local governments in this regard. The notice said that the judgment of the Supreme Court of Pakistan was passed on 16.3.2017, but till date nothing had been done at Sindh government’s end so as to meaningfully implement the said judgment which is a sheer contempt of court.