The Supreme Court (SC) has raised some questions on the plan of Pakistan Railways to revive the Karachi Circular Railway (KCR) through Chinese financing and assistance under the China-Pakistan Economic Corridor (CPEC).
A three-member bench of the court, headed by Chief Justice of Pakistan (CJP), Justice Gulzar Ahmed, in a detailed order about KCR revival case at Karachi Registry some days back gave certain observations about KCR and revival.
In a sixteen-page order, the SC stated that according to Pakistan Railways (PR) the project would be completed by the CPEC and observed that CPEC means discussing the feasibility of revival and operation of the KCR with the government of China, for obtaining of finances from China, then inviting contractors from China who will give their own proposals about feasibility regarding revival and operation of the KCR and after unending paperwork, spanning over years.
"Whether the Chinese government or the contractor agrees to go on for the revival and operation of the project of the KCR will remain hanging in the balance with no guarantee whatsoever that such will be done by the Chinese government or its contractors," the SC maintained.
The court ruled that this situation is not acceptable and it finds it very hard to accept that the Pakistan Railways has no resources and capacity on its own to revive and make operational the KCR, which merely comprises 42 kilometers.
"We believe that the Pakistan Railways has the resources, the capacity, and even the funding, where it can revive and operate the KCR of 42 kilometers and cannot let the Pakistan Railways off the hook from complying with this constitutional, legal, social, and moral obligation," the SC ruled.
The court ordered that Pakistan Railways with the aid and assistance of all agencies of Pakistan has to revive and operate the KCR and it should do so positively within a period of six months.
Otherwise, all relevant government executives and officials of the Pakistan Railways shall put themselves in a perilous situation, as court may take action against them, not only that of contempt of court but even that of not complying with the mandatory commands of the Constitution.
The Supreme Court stated that KCR, which was once operating in Karachi, providing easy, accessible, and dignified mode of conveyance to the people of Karachi, with reasonable charges, was forsaken. The Japan International Cooperation Agency (JICA) offered to revive and operate the KCR more than 20 years back with no strings or burden, and constantly sought government's approval to do the job, but was not allowed to do so. Subsequently, the Pakistan Railways took up the issue and it also failed.
The court stated that transportation of the citizens is a right to life like the provision of drinking water, provision of electricity, provision of education, provision of health facility, and provision of civic infrastructure. "Without transportation neither can the citizen get education, engage in his trade, business or profession, nor can a citizen reach the healthcare institutions, nor can a citizen obtain necessities of life like food, clothes, etc," the court observed.
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