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  Legal Notice for non implementation of Supreme Court Judgement.  
     
  17-Apr-2017  
     
   
     
  The Principal Advocate Dr. Farogh Naseem on behalf of Muttahida Qaumi Movement(Pakistan),Dr. Farooq Sattar, Mayor Karachi Waseem Akhtar, MPA Syed Sardar Ahmed, Khuwaja Izhar ul Hassan, M.A Rauf Siddiqui, Faisal Sabzwari and Khuwaja Sohail Mansoorhas sent a legal notice to the Chief Minister Sindh, Chief Secretary Sindh, Minister for local government Sindh, Secretary local government Sindh, Secretary Finance Sindh and Secretary Sindh Assembly for implementation of Supreme Court of Pakistan’s judgement on 16-3-2017 within three days regarding Sindh Solid Waste Management Board, in which the Supreme Court gave its judgement 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 Supreme Court of Pakistan and also filing of petition/application before the Sindh High Court, or both. The legal notice said a full bench of the Supreme Court of Pakistan in Shahab Usto v. Government of Sindh constitution petition no.38/16 on 16.3.2017, while adversely commenting upon the performance of the Sindh Solid Waste Management Board has in the said judgement 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.” 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 on the elected representatives of the local bodies, as directed by the Supreme Court of Pakistan in its judgment. 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 trough 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 has been done at your end so as to meaningfully implement the said judgment which is a sheer contempt of Court.  
     
     
   
     
     

 

 

 

 

 
 
     
 

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