Islamabad (HRNW)- The Federal Constitutional Court has withdrawn the Supreme Court’s 2018 and 2019 orders that led to the demolition of Karachi’s Nasla Tower, ruling that the primary responsibility for taking action against illegal constructions rests with provincial governments rather than the judiciary.
In its judgment, the court observed that the Supreme Court had gone beyond the scope of the case before it by issuing broad directives. It held that demolition orders cannot be issued solely on the basis of reports from the Sindh Building Control Authority without fulfilling legal requirements and ensuring due process, which the court described as a mandatory constitutional obligation.
The Federal Constitutional Court clarified that its ruling does not provide legal protection to illegal constructions but seeks to ensure that any action against such structures is taken strictly in accordance with the law. The court noted that an effective legal framework and relevant institutions already exist to deal with illegal constructions in Karachi and that the Sindh government and its concerned authorities are constitutionally and legally responsible for monitoring and taking action against such developments.
The judgment ordered the withdrawal of the Supreme Court’s orders dated December 21, 2018, and January 22, 2019, along with all proceedings initiated under those directives.
In an additional note, Justice Syed Arshad Hussain Shah emphasized that protecting citizens’ fundamental rights and public spaces is the state’s primary responsibility. He stated that parks, playgrounds, green belts, footpaths, beaches and other public areas must be safeguarded from illegal encroachments and unauthorized alterations.
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