The Supreme Court of Pakistan heard a petition regarding the provision of clean drinking water and a safe environment in Sindh. In a lengthy order, the Court summarized the issues highlighted in a previous commission's report, including widespread industrial and residential pollution of water sources and coastal areas. The Court directed various government agencies and officials to take immediate action to address the problems, such as inspecting industries for effluent discharge, repairing water infrastructure, and preventing solid waste dumping. The Court also ordered the previous commission, led by a High Court judge, to continue its work in monitoring improvements and assisting the relevant authorities.

1. IN THE SUPREME COURT OF PAKISTAN
(ORIGINAL JURISDICTION)
Present:
MR. JUSTICE AMIR HANI MUSLIM
MR. JUSTICE QAZI FAEZ ISA
MR. JUSTICE FAISAL ARAB
CONSTITUTION PETITION NO. 38 OF 2016
(To provide clean drinking water and safe environment
to the people of Sindh)
Shahab Usto. … Petitioner
VERSUS
Government of Sindh through its
Chief Secretary and others. … Respondents
AND
CMA No. 158-K of 2017 in Con.P.No. 38 of 2016
(Statement/Compliance Report of order dated 06.03.2017
filed by Addl. Advocate General, Sindh)
AND
CMA No. 159-K of 2017 in Con.P.No. 38 of 2016
(Compliance Report of order dated 06.03.2017 filed in Court
by Mr. Rizwan Memon, Chief Secretary, Sindh)
AND
CMA No. 160-K of 2017 in Con.P.No. 38 of 2016
(Compliance Report of order dated 06.03.2017, filed in Court
by Karachi Water and Sewerage Board)
In Attendance:
Petitioner in person
Mr. Zamir Hussain Ghumro, A.G, Sindh
Mr. Rizwan Memon, Chief Secretary Sindh
Ms. Shireen Mustafa, Secretary Planning
& Development, Sindh
Mr. Sohail Qureshi, Addl. Secretary Service Deptt.
Mr. Mehmood Shah, Managing Director, NSUSC.
Mr. Naseer Gilani, Chief Planning Commission.
Dr. Azeem Meo, PD, SCIP.
Director General SEPA
Mr. Ghulam Mustafa Channa, Registrar of
the Commission
Mr. Abdul Aleem Leghari, MD, SITE.
Dr. Fazalullah, Pechao, Secretary Health.
Mr. Misbahuddin, Chief Engineer
Mr. M. Ramzan Awan, Acting M.D, KW & SB
Dr. A.D. Sajnani, M.D. Sindh Solid Waste
Management Board.
Mr. Khaleeq Ahmed, ASC for KPT.

2. Con.P.No.38/2016 2
Mr. Faiz Rasool, Head of MPCD, KPT.
Mr. Azam Khan, DMD (TS), KW & SB
Mr. Saeed Ahmed Qureshi, Focal Person to C.S.
Prof. Dr. M. Ahsan Siddiqui, Water Technologist
Date of Hearing: 13.03.2017.
ORDER
Qazi Faez Isa, J: The Chief Secretary, Sindh states that a
permanent Secretary, Irrigation and a permanent Managing
Director of the Karachi Water & Sewerage Board (“KWSB”) will be
appointed by Thursday, i.e. 16.03.2017 and a compliance report
shall be submitted by him. He has placed before us a notification
dated 10th March, 2017 by which a Committee on Water Filtration
and Sewerage Treatment Plants (“Committee”) has been notified
by the Government and the Secretary, Local Government is notified
as Chairman of the Committee, which also has other members.
The petitioner states that Mr. Ghulam Murtaza Arain, Director
General, Pakistan Council of Research in Water Resources has the
requisite expertise, therefore, may also be made part of this
Committee to which the Chief Secretary has no objection and
agrees to modify the notification accordingly.
2. As regards industrial effluents the Managing Director (“MD”),
SITE has informed us that in the SITE area of Karachi there are
2,600 industries and there are another about 1,100 industries in
other parts of Sindh. No one has appeared for the remaining
industrial areas. We have been informed that the industries in the
industrial areas of Korangi, Landhi and Federal „B‟ Area of Karachi
are under the control of the Secretary, Industries Department. The
MD, SITE however states that, he has never visited any industry
either within or outside Karachi and has no information about the
industrial effluents or waste produced by them. He further states

3. Con.P.No.38/2016 3
that, SITE has no mechanism for monitoring effluents being
discharged by industries in SITE and that this is the responsibility
of the Sindh Environmental Protection Agency (“SEPA”). According
to him, infrastructure is the responsibility of SITE whereas the
monitoring of industrial effluents is the responsibility of SEPA.
3. In Human Rights Case No. 14-K of 1992 and other
connected matters, this Court on March 2, 1992 invoked its
powers under Article 184(3) of the Constitution after it noted that:
“I have taken note of a news item published in daily
„Dawn‟ dated 28-2-1992 under caption “Coastal
areas being poisoned, study shows”. It refers to a
study carried out by the NED University of
Engineering & Technology, Karachi, which has
disclosed that coastal area of Karachi is being
poisoned by discharge of industrial effluent
containing highly toxic material which is dangerous
for life and environment. It states that sample of
sea water collected from popular beach which was
sent by NED University to a laboratory in London
was returned with the remarks that „it is not sea
water but untreated sewage”.
“It seems that the factories in SITE and Korangi
areas discharge their industrial effluent waste
without treating them as required by law.”
“... industrial effluent and toxic waste material
which are being discharged in the banks of Lyari
and Malir rivers and in the Karachi coastal waters.”
“... prima facie it seems that the illegal acts of
omission and commission have polluted, the
coastal area, the rivers, channels, land where the
industrial effluent are dumped and the atmosphere
in the city. Such acts have deprived person from
leading a life in healthy atmosphere with clean air
and pure water. The Fundamental Right
guaranteed under Article 9 of the Constitution,

4. Con.P.No.38/2016 4
prima facie, seems to have been violated. The
damage allegedly caused and the threat industrial
waste are posing to the life and health of the citizen
requires immediate attention.”
The aforesaid was observed twenty five years ago, but still no
attempt has been made to redress the situation. On the contrary
the situation has been exacerbated manifold.
4. We are not persuaded by the submissions of the MD, SITE
with regard to industrial effluents as clause 2(10) of the standard
lease executed by SITE with the lessees (industries), provides, that
the lessee/industry:
“(10) Not to allow any dangerous, poisonous or
objectionable effluent or matter to be discharged
into the drains or sewers, but to take all measures
as may be necessary to ensure that any effluent or
matter so discharged will not be corrosive or
otherwise harmful to the drains or sewers cause
obstruction or deposit therein.”
In view of the aforesaid clause 2(10) in the lease it becomes
incumbent on SITE to ensure its compliance. SITE must therefore
inspect all industries periodically and develop a transparent
mechanism to gather data and take samples of effluents from every
lessee/industry to determine whether the same is “dangerous,
poisonous or objectionable”, and if the same is dangerous,
poisonous or objectionable SITE should inform the concerned
lessee/industry to take remedial measures. The samples of effluent
taken must be sealed and photographed to ensure the integrity of
the sample sent to the laboratory for testing. Secretary Industries
should adopt a similar methodology with regard to the industries
situated in Korangi, Landhi and Federal „B‟ Area. Compliance

5. Con.P.No.38/2016 5
reports be submitted within one month by MD, SITE and Secretary
Industries.
5. The Director General (“DG”) SEPA, who is present in Court,
states that for the last several years SEPA‟s state-of-the-art
laboratory is not functional for lack of running costs. In response
to our query, he also informed us that SEPA has 205 employees. It
is reasonable to say that in the absence of a functioning laboratory
it is not possible for SEPA to administer and implement its
functions as stipulated in the Sindh Environmental Protection Act,
2014 (“the Act”) and particularly its duties mandated by section 6.
Under such circumstances we are constrained to observe that DG,
SEPA, who has been in this post for several years and with SEPA
since 1995, has demonstrably failed to fulfill the statutory
mandate of the Act. The post of DG of SEPA is a cadre post in basic
pay scale (BPS) 20, however, the person holding the post is not
such an officer. The Government of Sindh is directed to appoint a
cadre officer of the said pay scale on the post immediately and
report compliance within 7 days. We further direct that SEPA‟s
laboratory be made functional without any further loss of time.
Compliance report be submitted within one month.
6. The representative of the Karachi Port Trust (“KPT”) stated
that the harbour is polluted by industrial effluents, sewerage and
solid waste. He stated that there are 13 water channels/drains
which empty out into the harbour and these water
channels/drains are not within the KPT‟s jurisdiction and / or
control. We further inquired from him whether KPT has tried to
resolve this issue with KWSB or the Sindh Solid Waste
Management Board (“SSWMB”). Incidentally Chairman KPT is a
member of KWSB, but surprisingly not of SSWMB, though the

6. Con.P.No.38/2016 6
Government under section 5(1) of the SSWMB Act, 2014 is
empowered to, “change the composition of the Board”. We were
informed that plastic bags and other solid waste is also a hazard
for the propellers of boats and ships. KPT, KWSB and SSWMB are
public agencies and must ensure that the harbour is not polluted,
but unfortunately it is filthy. We therefore direct the Chairman of
KPT, MD of KWSB and MD of SSWMB to personally examine all the
water channels/drains that bring and discharge effluents and solid
waste into the harbour and the Karachi coast, devise practical,
inexpensive and immediate measures from their existing budgets
initially to prevent the pollution of the harbour and the Karachi
coast. Each of them are directed to submit their separate reports in
this regard (with photographs/videos recordings) within one
month.
7. With regard to the solid waste in hospitals, the Secretary
Health states that there is only one incinerator that is functioning
for all government hospitals in the city of Karachi and the rest are
just not functioning for which he could not offer any plausible
explanation. We direct him to rehabilitate and activate all the
incinerators installed within the hospitals in the Province of Sindh
within one month from today and submit a compliance report in
this regard for our perusal.
8. The Chief Secretary, Sindh has stated that North Sindh
Urban Services Corporation (“NSUSC”) issue will be resolved by
Thursday, i.e. 16th March, 2017. The Government shall submit a
report in regard to the decision taken with regard to NSUSC.
9. In view of the alarming state of affairs depicted in the report
of the Commission which is directly impacting the life and health

7. Con.P.No.38/2016 7
of the citizens of Karachi and of Sindh and as the Government of
Sindh, KWSB, SSWMB, KPT, SEPA, WASA, NSUSC, SITE,
Industries Department, Irrigation Department, Local Government
Department and other concerned departments have failed to fulfill
their statutory duties we are of the considered view that Justice
Muhammad Iqbal Kalhoro, the Hon‟ble Judge of the Sindh High
Court, who was appointed as a one member Commission and who
submitted his report wherein many of the matters/issues
mentioned herein were highlighted should continue with the task
that was assigned to him by this Court by the order dated
December 27, 2016. All concerned should periodically report to
him to ensure that the matters which have been highlighted in his
report and noted by us are redressed. Every ministry, department,
agency, authority and trust including any organization under the
administrative control of the Federal Government and/or every
department, board, agency and company of the Provincial
Government will assist him, answer his questions and bring the
requisite improvements as may be deemed necessary to ensure
that the concerned ministry, statutory body, department, agency
and company fulfill their respective functions. He shall exercise all
powers vested in him in terms of the Order XXXII of the Supreme
Court Rules, 1980 and all powers of a High Court Judge inclusive
of the powers conferred under the Civil Procedure Code as
conferred on him under the order of this Court dated December 27,
2016. The Hon‟ble Chief Justice of the High Court of Sindh,
Karachi may ensure that Justice Muhammad Iqbal Kalhoro has
the requisite time to undertake this important assignment. The
Commission may also seek assistance/information from successful
non-governmental organizations (“NGOs”), including the Orangi

8. Con.P.No.38/2016 8
Pilot Project (“OPP”) and the Urban Resource Center (“URC”). The
Commission may document, photograph and video record the
prevailing state of affairs and the improvements brought thereto in
a systematic manner. Any expense borne by the Commission to
undertake the task assigned to it will be borne by the Government
of Sindh.
10. The learned Advocate General, Sindh shall submit a report
in regard to the last portion of the Commission‟s remarks on the
sand (bajri) which is alleged as having been systematically removed
from the Malir River bed and its conduits.
11. To come up on 15th March, 2017.
JUDGE
JUDGE
JUDGE
Bench-I
Karachi:
13.03.2017
(M. Tauseef)