Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 593. In this matter between Const. P. 858/2025 (D.B.) Sindh High Court, Karachi - Abdul Rauf Jetelserwala (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 858/2025 (D.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 593 PARTIES: Abdul Rauf Jetelserwala (Petitioner) ORDER DATE: 27-MAR-25 BENCH: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) A.F.R: Yes ------------------------------------------------------------ IN THE HIGH COURT OF SINDH AT KARACHI CP. No. D-858 of 2025 (Abdul Rauf Jetelserwala & others v Province of Sindh & others) Date Order with signature of Judge Before: Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul_Karim Memon

Date of hearing and Order: 27.03.2025

Mr. Taimur Ali Mirza advocate for the petitioners

------------------------- The Petitioners, property owners in Clifton, Karachi, are seeking the court's intervention to enforce Supreme Court orders regarding the relocation of oil tankers to the Zulfiqarabad Oil Terminal (ZOT). The Petitioners own properties in Block 1, Clifton, and are severely impacted by the continued parking of oil tankers in their residential area, despite Supreme Court directive s issued since 2007. The Supreme Court has repeatedly ordered the oil tankers to move to ZOT, with specific deadlines, to alleviate congestion and safety hazards in residential areas. These orders have been consistently disregarded. The Petitioners' counsel argue that the r espondents, including government officials and the Oil Tankers Association, have failed to comply with these orders, violating their fundamental rights to peaceful living and property enjoyment. They request this court to direct the r espondents to implement the Supreme Court's orders to remove oil tankers from Karachi's residential areas and ensure ZOT's full functionality. Restrain the Respondents from further violating these Supreme Court orders. 2. The Petitioners' counsel assert that p etitioners have no other adequate remedy and rely on the court's constitutional jurisdiction to enforce the Supreme Court's direc tives under Article 187(2) of the constitution and protect their rights. 3. We have heard the learned counsel for the petition ers on the maintainability of the petition and perused the record with his assistance. 4. Article 187(2) of the Constitution, which pertains to the enforcement of Supreme Court orders, is supplementary to Article 184, concerning the Supreme Court's original jurisdiction in terms of precedent set in Dossani Travels Pvt. Ltd & others vs. Messrs Travels Shop (Pvt) Ltd & others (PLD 2014 SC 01), as such DIG Police and SSP South to take of the orders of the Supreme Court , as dis closed in the memo of petition, forthwith. 5. Judgments of the Supreme Court of Pakistan are binding on all other courts, including High Courts, to the extent that they decide a question of law or enunciate a principle of law. All executive and judicial authorities throughout Pakistan are obligated to act in aid of the Supreme

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Court, ensuring the enforcement of its judgments. As the Supreme Court is the final arbitrator of all cases where the decision has been reached , the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(2) of the Constitution. 6. The petitioner's counsel requested this Court to enforce the Supreme Court of Pakistan's directives. However, given that the Supreme Court is presently in session in Karachi, this Court suggested that the petitioner file a contempt application before the Supreme Court for non - compliance with its orders. Therefore, this petition and all related applications are disposed of.

JUDGE

HEAD OF CONST. BENCHES

Shafi

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