The Federal Constitutional Court has withdrawn the Supreme Court's 2018 and 2019 orders that led to the demolition of Karachi's Nasla Tower. The court ruled that the judiciary had exceeded its constitutional jurisdiction by issuing directions beyond the scope of the case.
Judgment Highlights Judicial Boundaries
In its judgment, the court held that the primary responsibility for taking action against illegal constructions rests with provincial governments and relevant statutory authorities, rather than the judiciary. It observed that courts should confine themselves to adjudicating disputes brought before them and refrain from intervening in matters beyond the issues under consideration.
The ruling stated that the Supreme Court had gone beyond the questions before it by issuing broad directives. It further held that demolition orders could not be issued solely on the basis of reports submitted by the Sindh Building Control Authority (SBCA) without complying with all legal requirements and procedural safeguards.
Due Process Mandated
The Constitutional Court emphasised that due process is a mandatory constitutional requirement in every case. It clarified that the judgment should not be construed as protecting illegal constructions but as reaffirming that any action against them must be carried out strictly in accordance with the law.
The court noted that Karachi already has an established legal framework and competent institutions to address illegal constructions. It said the Sindh government and the relevant authorities are constitutionally and legally bound to monitor, regulate and take action against unlawful buildings.
Orders Withdrawn
The judgment formally withdrew the Supreme Court's orders issued on Dec 21, 2018, and Jan 22, 2019, along with all consequential actions taken under those directives. In a separate note, Justice Syed Arshad Hussain Shah observed that protecting citizens' fundamental rights and preserving public amenities is among the state's foremost responsibilities. He stressed that parks, playgrounds, green belts, footpaths, beaches and other public spaces must be protected from encroachments and unauthorised alterations.
