- Top judge asks election watchdog under which law it has stopped appointments in public institutions
- Says he’s allowing cement factories to work in Katas Raj area only for CPEC
ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Monday ordered the Election Commission of Pakistan (ECP) to clarify the reason behind the recruitment ban in government institutions.
The ECP, on April 11, issued a statement regarding a ban on hirings made by federal, provincial and local governments to ensure transparency in the upcoming general elections.
During the hearing of the case, the CJP asked the ECP secretary under which law they banned appointments by public institutions. The chief justice further asked if the ECP’s ban will be implemented on important state institutions, where appointments of heads were underway.
Upon this, the ECP secretary told the court that under Election Act 2017 responsibility of fair polls falls with them, which is why these measures were taken.
The CJP then asked about the effect of such decisions on the functions of government institutions. He also mentioned the reason behind taking suo moto notice of the issue stating, the apex court took the step to ensure general elections are held on time.
“Complaints about appointments are also filed in the top court but we are trying to wrap up such cases at the earliest,” the chief justice said.
The hearing was adjourned until Tuesday and notices were issued to attorney general and advocates general.
Earlier in the day, the CJP took suo moto notice of the ECP’s temporary ban on hiring by public institutions.
A three-judge bench headed by the chief justice and comprising Justices Ijazul Hasan and Umar Ata Bandial heard the case.
‘ALLOWING CEMENT FACTORIES TO WORK ONLY FOR CPEC’:
Separately, the CJP said that had it not been for the China-Pakistan Economic Corridor (CPEC), he would have closed down the cement factories that are depleting the underground water table in Chakwal.
Hearing the suo motu case of the drying of Katas Raj pond, the three-member bench headed by the chief justice highlighted the importance of CPEC for the country.
The historic pond, a revered site for Hindus, is said to have depleted due to operations in the vicinity of several cement factories that have sucked out the underground water.
Moreover, the court has ordered the cement factories to produce the permission letters and summoned officers of Environmental Protection Agency (EPA) that allowed the use of tube wells by these cement factories.
As the hearing went underway, the owners of private cement companies appeared in court after having been summoned at the last hearing.
The chief justice inquired from one of the owners if he was also associated with a private bank to which the person replied in the affirmative.
Observing that the water of the Katas Raj pond had depleted due to the factories, CJP asked, “What right does the cement factories have to use underground water?”
To this, one of the factory owners responded that the right was given to them by the Punjab government.
The chief justice then asked if the installation of tube wells by the factories was lawful to which the factory’s counsel, Makhdoom Ali Khan, informed the court that boring does not require anyone’s permission.
The chief justice then wondered how EPA officials allowed installation of tube wells, observing that the factory uses Rs7 billion worth of water every year.
The chief justice then remarked that this is a matter of fundamental rights, adding that it will take back the cost of using water for three years from the factory owners.
During the hearing, Justice Ijazul Ahsan observed that the use of tube wells will have an adverse effect on the underground water table while Justice Umar Ata Bandial regretted that in the entire country, underground water is utilised without any cost.
Justice Bandial added that if the factory owners and government fail to resolve the matter, the court retains the option of closing down factories.
This sector was left unregulated so everyone could benefit, the chief justice observed further.
The counsel informed the court that they are making arrangements for an alternative supply of water and using two tube wells at present instead of six. He claimed that it would cost Rs2 billion to build a pipeline to supply water from the nearest river.
When the counsel informed the bench that they are using a natural stream for water, the chief justice said they have no right to use it and it is illegal to do so.
“The water situation is such that the next generations will not forgive us,” he regretted.
Admonishing the factory owners for destroying the environment, Chief Justice Nisar remarked that cement factory owners should also resolve issues of the local population as it is “their corporate responsibility”.
“We shouldn’t just take from this land but give something back too,” the chief justice remarked.
During the hearing, the chief justice shared that he received a message last night, which could be a joke, that a factory is waiting for him after his retirement. The counsel for the factory clarified that they are not behind the message.
The court then adjourned the hearing till Tuesday.
