Floodwater diversion, breaches in barrages, embankments: Supreme Court asks chief secretaries to report damages

26 Oct, 2010

The Supreme Court (SC) on Monday directed provincial chief secretaries to come up with comprehensive reports with the assistance of renowned irrigation experts containing complete data on flood damages.
A three-member bench of Chief Justice Iftikhar Mohammad Chaudhary, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday was hearing suo motu notice on unauthorised diversion of floodwater and alleged breaches in the embankments of barrages and canals on the letters written by Fakhruddin G Ebrahim and Deputy Chairman Senate Jan Mohammad Khan Jamali.
In addition, a petition was also moved by the sitting PML-Q National Assembly member Marvi Memon. Dr Asad Laghari, Muhammad Rahim Baloch and Advocate Zahida Thebo had also written similar requests to the apex court. The court directed Director General Survey of Pakistan to provide satellite images of Indus River and breaches of embankments at different places.
Prima facie we are of the opinion that this is a case of breach of fundamental rights because the evidence provided to the court seems to be reliable unless contradicted, observed the court. In addition, the bench issued notices to all 13 respondents that include federal government through Secretary of Cabinet, Chief Secretary of Sindh, National Disaster Management Authority, Provincial Disaster Management Authority, Federal Ministries of Water and Power, Finance and Defence, Sindh Home, Irrigation and Revenue Departments, Federal Food Relief Commissioner, Sindh Flood Relief Commissioner and the Federal Flood Commission, and directed to submit para-wise comments.
The court postponed the matter till November 10. In his letter, former Justice Fakhar-ud-Din G Ibrahim has quoted a private TV channel programme aired on September 13 and stated unauthorised diversion of the floodwater by the landowners of Sindh, caused unprecedented damage to persons and property in various parts of Sindh.
Jan Mohammad Khan Jamali alleged that due to irresponsible breach of Dori bund near Guddu barrage to save the crops and lands of some influential person's four districts of the Jaffarabad were inundated. Marvi Memon has appealed the court to order the government to explain the breaches of dykes, canals and other irrigation infrastructure in Sindh and Balochistan during floods.
Justifying why she nominated 13 respondents in her petition especially the Ministry of Defence, she said that the defence ministry was named because Shahbaz Airbase in Jacobabad could not be utilised for the badly needed relief operations for being in the possession of foreign forces.
Marvi Memon has also pleaded in her petition before the court to order the respondents to pay damages to the affected persons who were either forcibly moved from their homes or prevented from entering other areas after the flood deluge their localities. Reports in this regard should also be obtained from the respondents. She has also required the respondents to provide complete and accurate details of accounts of the funds allocated for maintenance, monitoring of the irrigation system in Sindh and Balochistan as well as those which have been earmarked for the relief, rescue and early recovery, reconstruction and rehabilitation activities.

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