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Petitioner: FAHEEM ALI VS Respondent: PROVINCE OF SINDH through Secretary Local Government, KarachiHonorable Justice Aftab Ahmed GorarMohammad Raza Soomro
2021 Y L R 2010 [Sindh (Sukkur Bench)] Before Aftab Ahmed Gorar and Fahim Ahmed Siddiqui, JJ FAHEEM ALI and another---Petitioners Versus PROVINCE OF SINDH through Secretary Local Government, Karachi and 6 others---Respondents Constitution Petition No. D-1640 of 2019 and D-1892 of 2018, decided on 31st March, 2021. Constitution of Pakistan--- ----Art. 199---Constitutional petition---Dog bite cases---Role of elected members---Recalling of order---Due to rise in dog bite cases in the Province and lack of medical facilities, High Court suspended memberships of Members of Provincial Assembly, on account of their failure to curb dog bite cases in their constituencies---Members of Provincial Assembly undertook to supervise ongoing drive against culling of dog bite cases in future and had also assured that no dog bite case would happen in their constituencies--- Effect--- High Court recalled its order of suspending membership of Members of Provincial Assembly---High Court directed health authorities to do the needful as per their undertaking given before Court---High Court directed Provincial Government to pay compensation in shape of Diyat, Arsh or Daman amount (as the case could be) in terms of amount specified through latest notification issued by Government of Pakistan to bereaved families of deceased who died of dog bite cases within 15 days' time after claim of legal heirs of deceased and injured persons---Petition was allowed accordingly. Mohammad Raza Soomro for Petitioner (in C.P. No.D-1892 of 2018) None present for Petitioner (in C.P. No.D-1640 of 2019). Khuda Bux Chohan and Shabir Ali Bozdar on behalf of some Municipal Committees/Town Committees. Farooque H. Naik, Qurban Ali Malano and Zia-ul-Hassan Lanjar for intervenors. Abdul Basit Shaikh, Shahid Hussain Jatoi, Imtiaz Suleman Shah Legal Advisors of Municipal Committees. Shafi Muhammad Chandio, Addl.A.G and Mehboob Ali Wassan, Assistant A.G along with Kazim Hussain Jatoi, Secretary Health Department Government of Sindh Karachi, Najam Ahmed Shah, Secretary Local Government, Government and HTP Department Government of Sindh, Dr. Jamil Ahmed, Focal person on behalf of DHO Sukkur, Dr. Javed Anwar Abbasi on behalf of Administrator Larkana, Inspector Muharam Ali on behalf of SSP Mirpur Khas, Mushtaque Ahmed on behlalf of SSP Larkana, Shakeel Ahmed SDPO Doulat pur on behalf of SSP Shaheed Benazirabad, Inspector Aftab Ahmed Farooqi, Focal person on behalf of SSP Ghotki, Ghulam Muhammad Mahessar, DSP/SDPO Mehar and Inspector Ali Muhammad Udho on behalf of SSP Jacobabad, Pir Atta-u-Rehman, CMO SMC, Sukkur, Aijaz Nisar Ahmed, CMO Dadu, Khuda Bux Sehwani, CMO Kotri, Aijaz Ali Notkani, TO, TC Chamber, Shahmir Khan Rahpoto, TO TC, Bhan Saeedabad, Nazeer Ahmed TO TC Jhol District Sanghar, Ghulam Sarwar Office Superintendent on behalf of Administrator MC Sinjhoro, Abdul Rehman Rajput, Assistant on behalf of Town Officer TC Sakrand, Munawar Hussain, TO TC Jati and Chohar Jamali, Abdul Karim Kumbhar, TO TC, Garho District Thatta, Lal Bux, Council Officer Municipal Committee Thul, Imdad Hussain Khokhar, TO TC Chak, Sabir Ali TO TC Miro Khan, Hafeez Ahmed Wagan, TO TC Bhirya Road, Muhammad Aslam, CMO Tando Jam, Abdul Rasheed Lund, TO TC Nau Kot District Mirpur Khas, Javed Ali Jatoi, CMO Tando Muhammad Khans, Arshad Ali, TO TC Jamshoro, Noor Ahmed, TO TC Tando Mitha Khan District Sanghar, Abdul Ghafoor, TO TC Gharo, Mumtaz Ali Palijo, TO TC Ghora Bari, Mohsin Ali Shah, TO TC, Hala Old District Matyari, Zulfiqar Ali Lakho, TO TC Udero Lal Station District Matyari, Faisal Hassan Dihiro, TO TC Qazi Ahmed, Irshad Ali Zardani, TO Darya Khan Mari, Muhammad Hashim Abro, TO TC Badah District Larkana, Agha Abid Hussain, CMO MC. Thatta, Naseer Ahmed Solangi, Focal person on behalf, TO TC Kumb, Ghulam Nabi Dahiri, TO TC Doulatpur and reply of Show-cause notice, Rizwan Ali Sangi, TO TC Dokri, Mumtaz Ali Channa, TO TC Jhudo, Sajid Ali Solangi, TO TC Ahmed Pur, Fayaz Ali Shah, TO TC Piyaro Lund alias Jhando Mari, Abdul Hameed Mango, TO TC Mirpur Bathro District Sajawal Saddaruddin Khan, Accounts Officer on behalf of TO TC Bhirya City, Abdul Khaliq Samo on behalf of CMO MC Umer Kot, Mehboob Ali Buriro, CMO MC Hala, Sikandar Ali Bijarani, TO TC Tharushah, Abdul Ghafoor, TO TC Chour Taluka Umer Kot, Muneer Ahmed Kaleri, TO TC Jam Sahib, Abdul Waheed Doimki, TO TC Kashmore, Zahid Qadir, Sr. Clerk on behalf of TO TC Dhoro Naro Taluka Umer Kot, Irshad Ali Khaskheli, TO TC Mirwah Gorchani District Mirpur Khas, Parvez Ahmed Wassan, TO TC Fakirabad, Inspector Javed Iqbal Shaikh on behalf of SSP Sukkur, Rasool Bux Chachar, TO TC Guddu, Muhammad Mushtaque, TO TC Kario Ganwar, Ghulam Akber, TO TC Hingorja, Juma Khan, TO TC Sanjar Khan, Gul Bahar Rind, TO TC Sarhari, Muhammad Rafique Buledi, CMO Jacobabad, Anees-u-Rehman, TO TC Sultanabad, Asghar Ali Wassan, TO TC Kot Diji, Sabir Hussain Magsi, TO TC Sijawal Junejo, Ghulam Shabir, TO TC Bandhi, Abdul Hakeem Nasirani, CMO Khipro, Ali Nawaz Hingoro, TO TC Khadro, Zafar Ali Domki, TO TC Buxapur, Niaz Hussain Babar, CMO Rato Dero, Dil Murad Magsi, TMO Qubo Saeed Khan, Javed Ahmed Arbabani, TO TC Madeji, Salman Khan Lund, CMO Mirpur Mathelo, Abdul Sami Lashari Accountant, TO Garhi Khairo, Aijaz Ali Shah, TO TC Their, Mansoor Hussain Abro, TO TC Rohri, Israr Ahmed Taxartion Officer, MC Shahdapur, Darya Khan Magsi, TO TC Nangar parkar, Khuda Bux Sehwani, TO TC Thanoi Bulakhan and Kotri, Ashok Kumar, TO TC Shaheed Fazil Rahu Golarchi, Aftab Raza Shah, TO TC Gerelo, Zulfiqar Ali Bhurro, CMO MC Khairpur , Nadeem Hyder Jalbani, CMO Pir Jo Goth , Hafiz Mushtaque Ali Korejo, CMO Nau Dero, Aftab Ahmed, TO TC Bhirya Road, Mukhtiar Ali Dayo, TO TC Khanpur, Ali Ahmed Solangi, CMO TC K.N Shah, Jamshed Ahmed, TO TC Ghouspur, Imran Ali Jhatiyal. TO TC Seeta Road, Noor Muhammad Samo. CMO MC Moro, Abdul Jabbar Korai, TO TC Jatia, Javed Ahmed Dahiri Administrator, MC Shahdapur, Muhammad Azam Brohi, CMO MC Sehwan Sharif and reply of show-cause notice. Amir Ali Bhutto, TO TC Behram, Saleem Akhtar Memon, TO TC Kandiaro, Noor Ahmed Shaikh, TO TC Karampur, Zulfiqar Marfani, TO TC B. Shah Karim, Ali Raza Jessar, CMO Tando Allah Yar, Shoukat Ali Memon, TO TC Tando Jan Muhammad, Yousif Sodho TO TC Manjhand, Saadat Noor Office Superintendent on behalf of CMO Tando Adam, Liaqat Ali Bhatti, TO TC Bhit Shah, Ashique Ali Kalhoro, TO TC Ubauro, Muhammad Usman Qaimkhani TO TC Islamkot, Abdul Ghaffar Jatoi, TO TC Kot Ghulam Muhammad Yousif Sodho, Illahi Bux Bambhan, TO TC Agra, Abid Latif, CMO MC Shikarpur, Maqsood Ali Jatoi, TO TC Daharki, Kandhkot, Asif Iqbal Jagirani, TO TC Lakhi, Shaharyar Kharal, TO TC Gambat and Khuhra, Munir Ahmed Solangi, OS MC Dadu, Abid, CMO MC Bulhari, Iftikhar Hussain, TO Tando Ghulam Ali. Date of hearing: 31st March, 2021. ORDER AFTAB AHMED GORAR, J.---The issue involved in this petition is of great significance of public importance, as such this matter was treated as a public interest litigation. 2. Compliance reports filed by Municipal Commissioners, CMOs, TMO, TOs, Union Council Secretaries are taken on record. The compliance reports/ statements filed by the officers/officials in attendance are taken on record. The reports also submitted by Secretary Health Department and Secretary Local Government Department Government of Sindh as well as SSPs Sukkur, Qamber alias Shahdadkot, Mirpur Khas, Shikarpur and Jacobabad so also District Health Officer Sukkur which are also taken on record. Reply of show-cause notices filed by CMOs, Town Officers, and Union Council Secretaries found satisfactory stands vacated. 3. Through C.M.As. Nos.2561 and 2558 of 2021 MPAs, namely, Mst. Faryal Talpur and Giyanoo Mal seek review/ recall order of this Court dated 16.03.2021 whereby their Membership was ordered to be suspended on account of their failure to curb the dog bite cases in their Constituencies. Learned Counsel appearing on behalf of said MPAs submit that in future the MPAs shall supervise the ongoing drive against the culling dog bite cases and they also assured that no dog bite case will happen in their Constituencies. In such a situation, the listed C.M.As. (C.M.As. Nos.2561 and 2558 of 2021) stand allowed and the order dated 16.03.2021 is hereby recalled to the extent of suspension of Membership of the above named both MPAs. Office is directed to send copy of this order to the Provincial Election Commissioner, Sindh as well as Secretary Provincial Assembly, Sindh through fax for information and compliance. However, it is ordered that all the MPAs of Sindh shall extend their full cooperation with the Municipal Commissioners, Chief Municipal Officers, Taluka Municipal Officers and Union Council Secretaries with regard to operation against culling of stray dogs without fail. 4. Najam Ahmed Shah, the Secretary Local Govt. Department Government of Sindh was directed to supervise/monitor the entire process of stray dog killings and if any of the officer of Municipal Corporation, Municipal Committees, Town Committees, Union Councils is found to be negligent in performing his duties, his services shall be put under suspension and disciplinary proceedings shall also be initiated against him. Today he is present files undertaking that any case regarding dog bites occurs within the jurisdiction of Municipal Corporation, Municipal Committees, Town Committees, Union Councils, the action will be taken against the delinquent officers/officials according to law, rules and policy, no field posting as permissible under code subject to availability of other than non-field posts and other officer's availability as replacement. He however, ensures that no untoward incident of dog bite cases in entire Sindh will happen in future as he will monitor/supervise closely on the negligence on the part of any officer/ official of the Local Council. He further undertakes that the mechanism of purchase of poison Capsules for culling of stray dogs shall be adopted. He is also directed to ensure that the culled dogs are being dumped in ditches with documentary proof. 5. Kazim Hussain Jatoi, Secretary, Health Department, Government of Sindh is present and ensures that vaccines and complete courses of ARV are being provided to the patients bitten by the dogs so also ensures that the health facilities and vials of vaccines are being made available at Civil Hospitals, Taluka Hospitals, RHCs and BHUs on emergency need basis to dog bite patients and thereafter said patients will be referred to the concerned ARV centers for providing further complete courses of ARV and stock position of injections ARV Doses in each hospital should be made available round O'clock. He is directed to do the needful as per his undertaking given before this Court today. 6. The Chief Secretary Sindh and Secretary Local Govt. Department Government of Sindh are directed to pay compensation in the shape of Diyat, Arsh or Daman amount (as the case may be) in terms of amount specified through latest Notification issued by Government of Pakistan to the bereaved families of the deceased of dog bite cases so also to the seriously injured victims and victims of the Dog bite cases within 15 days' time after claim of the legal heirs of deceased and injured persons. It is made clear that the deceased and seriously injured of Rato Dero and Jamshoro shall also be compensated at the first instance. They are further directed to ensure that no Municipal Commissioners, Taluka Municipal Officers, Chief Municipal Officers, Union Council Secretaries shall be given field posting in whose jurisdiction the dog bite case happen. In case, any Municipal Commissioner, Taluka Municipal Officer, Chief Municipal Officer, Union Council Secretary is reported to have still field posting albeit dog bite case happened in his jurisdiction, the appropriate orders shall be passed against the Chief Secretary Sindh and Secretary Local Govt: Department, Government of Sindh. The Chief Secretary Sindh and Secretary Local Government Department Sindh are further directed not to make any transfer/ posting of the Municipal Commissioners, Taluka Municipal Officers, Chief Municipal Officers, Union Council Secretaries at the directions/choices of concerned MPs/MNAs of their relevant constituencies and in case the MPAs/ MNAs are found to have interfered with the Administrative affairs of the Local Govt. Department, Government of Sindh, the Chief Secretary Sindh and Secretary Local Govt. Department are directed to send report to the Election Commission of Pakistan who shall issue Notification for disqualification of the said MPA/MNA under compliance report to this Court. In view of above, both captioned petitions along with CMAs stand disposed of. Let copy of this order be communicated to Chief Secretary Sindh, Secretaries, Provincial Assembly Sindh, Health Department, Local Government Department, Government of Sindh, Provincial Election Commissioner, Sindh through FAX as well as copy be provided to learned Additional Advocate General for compliance. MH/F-10/Sindh Order accordingly.