The Sindh High Court (SHC) on Tuesday sought from the provincial government and petitioners the names for the commission to be constituted to probe the causes of deaths of children and provision of basic health facilities to the people in Thar.
A division bench headed by Chief Justice Maqbool Baqar had taken up the petition filed by an NGO, Pakistan Institute of Labour Education and Research (Piler), through which it sought an injunction against formation of the commission.
Advocate General Abdul Fatah Malik told the court that until this court permits and commission is to be constituted by this court, the commission constituted by the Sindh government shall not function.
Advocate Faisal Siddiqui, who represented the NGO, submitted that the court while considering a proposal regarding commission for an inquiry into the causes of deaths and provision of basic health facilities to the people of Thar, had on April 11 directed the federal and provincial law officers, and also representatives of the petitioners, to suggest the formation of commission and also its mandate. However, he said, the provincial chief secretary subverted and violated the court order by forming so-called commission on April 04 on his own.
He said the court had granted stay order against the formation of so-called commission on April 29 when it was approached. Subsequently, he added, it reserved its ruling on the matter involving formation of the commission after lengthy arguments forwarded by him and provincial law officer.
The counsel told the judges that it had been reported in various newspapers on December 07 that the provincial government had set up a so-called commission once again comprising Justice (r) Ghulam Sarwar Korai and retired district & session judge Arjun Ram K Talreja.
He said the commission had been formed a day after this court reserved its verdict on the issue of formation of the commission which, he said, was an attempt to interfere with and prejudice the due course of judicial proceeding in this case and also a clear attempt to disrespect the authority of this court.
