Summary
- The Federal Constitutional Court has withdrawn the Supreme Court orders that resulted in the demolition of Karachi’s Nasla Tower.
- The court set aside the orders issued on December 21, 2018, and January 22, 2019, stating that action against illegal constructions falls under the authority of relevant provincial government institutions.
- The court observed that the Supreme Court had gone beyond the scope of the original case by issuing wider directions related to illegal constructions.
The Federal Constitutional Court has withdrawn the Supreme Court orders that resulted in the demolition of Karachi’s Nasla Tower.
The court set aside the orders issued on December 21, 2018, and January 22, 2019, stating that action against illegal constructions falls under the authority of relevant provincial government institutions.
In its detailed verdict, the court said the judiciary should only decide matters that are directly related to cases before it. Courts should avoid interfering in issues that fall under the responsibilities of administrative institutions.
The court observed that the Supreme Court had gone beyond the scope of the original case by issuing wider directions related to illegal constructions.
The Federal Constitutional Court stated that reports from the Sindh Building Control Authority alone cannot justify the demolition of any building without completing all legal requirements.
It emphasized that due process is a fundamental constitutional right and must be followed before taking action against any property or structure.
The court clarified that its decision does not mean illegal constructions will be protected. It said the purpose is to ensure that all actions against violations are carried out according to the law and Constitution.
The verdict noted that Karachi already has legal frameworks and government institutions responsible for dealing with unauthorized constructions. The Sindh government and relevant departments have the constitutional duty to monitor such structures and take lawful action.
The court also cancelled the steps taken under the previous Supreme Court directives regarding Nasla Tower.
In an additional note, Justice Syed Arshad Hussain Shah highlighted that protecting citizens’ basic rights and public facilities is a key responsibility of the state.
He directed authorities to safeguard public spaces, including parks, playgrounds, green belts, footpaths, beaches, and other common areas from illegal occupation and unauthorized changes.
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