ISLAMABAD: The Federal Constitutional Court has withdrawn the Supreme Court’s 2018 and 2019 orders that led to the demolition of Nasla Tower.
The court ruled that the authority to take action against illegal constructions primarily lies with the provincial government, not the judiciary. Courts should be limited to the dispute before them and should not interfere in unnecessary matters.

The Federal Constitutional Court said in its ruling that the Supreme Court had gone beyond the case under trial and issued broad orders. Demolition orders cannot be given without fulfilling the legal requirements based on the reports of the Sindh Building Control Authority. Due process is a mandatory constitutional requirement in every case.

Furthermore, the court’s aim is not to provide legal protection to illegal constructions, but only to ensure action in accordance with the law. According to the court, an effective legal system and relevant institutions are already in place to deal with illegal constructions in Karachi. The Sindh government and the relevant agencies are constitutionally and legally bound to monitor and take action against illegal constructions.

The judgment said that the Federal Constitutional Court should withdraw the orders of the Supreme Court of December 21, 2018 and January 22, 2019 and the actions taken thereunder.

Additional note by Justice Syed Arshad Hussain Shah

In the judgment, Justice Syed Arshad Hussain Shah wrote in an additional note that the protection of the fundamental rights of citizens and public facilities is the primary responsibility of the state. Parks, playgrounds, green belts, footpaths, beaches and other public places should be protected from illegal encroachments and alterations.