Daily Times

KARACHI: The judicial commission, set up to inquire into the government’s failure to provide safe drinking water and sanitation facilities, issued notices to the authorities on Friday to turn up on Jan 02.

Headed by Justice Muhammad Iqbal Kalhoro, the commission of inquiry has issued notices to the Sindh chief secretary, law secretary, the managing director of North Sindh Urban Services Corporation (NSUSC), the Sindh Environmental Protection Agency’s director general, secretary local government department, secretaries of the Public Health & Engineering Development and Planning & Development department and Sindh Solid Waste Management Board’s secretary.

It also issued notices to the federal and provincial law officers.

It directed them to show up with their concise statements containing necessary details regarding the supply of clean water to the residents of Sindh and the deteriorating condition of sanitation in the province and adverse effects on environment. They have been asked to explain the measures they have taken so far to provide safe drinking water and sanitation facilitates to the people.

The apex court had earlier ordered on Dec 27 to the formation of a commission headed by a high court judge to probe the allegations of the petitioner who had gone to the court against the provincial government and civic authorities for failing to provide potable water and clean environment to the people of the province.

The court had ordered the Sindh High Court chief justice to appoint a judge to head the inquiry commission. As per terms of the references of the commission, it is required to record its findings with regard to supply of clean water to the residents of Sindh besides the deteriorating condition of sanitation in the province. The commission will examine the statutory role played by the Sepa in dealing with the issues mandated by the Sindh Environmental Protection Act 2014.

The apex court had directed the federal as well as provincial government and the organizations falling under their administrative control to co-operate with the commission.

It has instructed the commission to record its findings within six weeks from the date of the notification regarding its formation. Moreover, the inquiry commission is required to conduct its proceedings day to day basis.

Advocate Shahab Usto had petitioned the apex court, naming the provincial chief secretary, the secretaries of the local government, health and development departments, managing-director of the NSUSC and others as the respondents.

The petitioner, who has hailed from district Shikarpur, submitted that the Sindh government had created the NSUSC in 2009-10 for delivering clean water supply, sewerage and solid waste services in a safe, efficient and effective manner in eight districts of the upper Sindh including Sukkur, New Sukkur, Rohri, Khairpur, Larkana, Shikarpur, Jacobabad and Ghorki.

He said that the organization was created by obtaining loan of Rs500 million dollars from the Asian Development Bank, but it has not benefited the public at large in these districts. Instead the subsoil water has further been contaminated.

Usto told the judges that the provincial government has failed to provide drinking water to the public in the upper and lower parts of the province. “Instead the subsoil water, which the locals of these districts had to consume, is contaminated and not fit for the human consumption.”

The court had earlier observed that the issue raised is question of public importance, which has direct nexus with the fundamental rights of the residents of Sindh living not only in eight districts, but also in the lower Sindh.

The order said, “According to the petitioner the issues involved, inter alia, relate to the violation of the fundamental rights of the people of Shikarpur and Sindh, violation of the doctrine of public trust, degradation of environment, conserving the underground water/aquifer, supplying clean water to the citizens, providing an efficient sanitation and solid waste material disposal management to the people of Shikarpur and other parts of Sindh, protection of public life and atmosphere from the irreversible effects of contamination of underground water and fixing responsibility on the lapse or failure of discharging statutory and constitutional duties and functions to provide citizens of their fundamental rights to receive water and to live in a healthy environment.”