ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt: Petition No.D–1640 of 2019

Constt: Petition No.D–1892 of 2018

DATE OF

HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on O/objection at flag-A.

2. For hearing of main case.

Date of hearing: 31-03-2021

Mr. Mohammad Raza Soomro Advocate for petitioner

in CP No.D-1892 of 2018

None present for petitioner in CP No.D-1640/2019.

M/s Khuda Bux Chohan and Shabir Ali Bozdar Advocates on behalf of some Municipal Committees/Town Committees.

M/s Farooque H. Naik, Qurban Ali Malano and Zia-ul-Hassan Lanjar Advocates, for intervenors.

M/s Abdul Basit Shaikh, Shahid Hussain Jatoi, Imtiaz Suleman Shah Legal Advisors of Municipal Committees.

M/s Shafi Muhammad Chandio Addl.A.G and Mehboob Ali Wassan Assistant A.G along with Kazim Hussain Jatoi Secretary Health Department Govt. of Sindh Karachi, Najam Ahmed Shah Secretary Local Govt. Govt. & HTP Department Govt. of Sindh, Dr. Jamil Ahmed, focal person on behalf of DHO Sukkur, Dr. Javed Anwar Abbasi on behalf of Administrator Larkana, Inspector Muharam Ali on behalf of SSP Mirpur Khas, Mushtaque Ahmed on behlalf of SSP Larkana, Shakeel Ahmed SDPO Doulat pur on behalf of SSP Shaheed Benazirabad, Inspector Aftab Ahmed Farooqi, Focal person on behalf of SSP Ghotki, Ghulam Muhammad Mahessar DSP/SDPO Mehar and Inspector Ali Muhammad Udho on behalf of SSP Jacobabad. Pir Atta-u-Rehman CMO SMC, Sukkur, Aijaz Nisar Ahmed CMO Dadu, Khuda Bux Sehwani CMO Kotri, Aijaz Ali Notkani TO, TC Chamber, Shahmir Khan Rahpoto TO TC Bhan Saeedabad, Nazeer Ahmed TO TC Jhol district Sanghar, Ghulam Sarwar Office Superintendent on behalf of Administrator MC Sinjhoro, Abdul Rehman Rajput Assistant on behalf of Town Officer TC Sakrand, Munawar Hussain TO TC Jati and Chohar Jamali, Abdul Karim Kumbhar TO TC Garho district Thatta, Lal Bux Council Officer Municipal Committee Thul, Imdad Hussain Khokhar TO TC Chak, Sabir Ali TO TC Miro Khan. Hafeez Ahmed Wagan TO TC Bhirya Road, Muhammad Aslam CMO Tando Jam, Abdul Rasheed Lund TO TC Nau Kot district Mirpur Khas. Javed Ali Jatoi CMO Tando Muhammad Khans, Arshad Ali TO TC Jamshoro, Noor Ahmed TO TC Tando Mitha Khan district Sanghar, Abdul Ghafoor TO TC Gharo, Mumtaz Ali Palijo TO TC Ghora Bari, Mohsin Ali Shah TO TC, Hala Old district Maryari, Zulfiqar Ali Lakho TO TC Udero Lal Station district Matyari, Faisal Hassan Dihiro TO TC Qazi Ahmed, Irshad Ali Zardani TO Darya Khan Mari, Muhammad Hashim Abro TO TC Badah district Larkana, Agha Abid Hussain CMO MC. Thatta, Naseer Ahmed Solangi, focal person on behalf TO TC Kumb, Ghulam Nabi Dahiri TO TC Doulatpur and reply of Show-cause notice, Rizwan Ali Sangi TO TC Dokri, Mumtaz Ali Channa TO TC Jhudo, SAjid Ali Solangi TO TC Ahmed Pur, Fayaz Ali Shah TO TC Piyaro Lund @ Jhando Mari, Abdul Hameed Mango TO TC Mirpur Bathro district Sajawal Saddaruddin Khan Accounts Officer on behalf of TO TC Bhirya City, Abdul Khaliq Samo on behalf of CMO MC Umer Kot, Mehboob Ali Buriro CMO MC Hala, Sikandar Ali Bijarani TO TC Tharushah, Abdul Ghafoor TO TC Chour Taluka Umer Kot, Muneer Ahmed Kaleri TO TC Jam Sahib, Abdul Waheed Doimki TO Tc Kashmore, Zahid Qadir Sr. Clerk on behalf of TO TC Dhoro Naro Taluka Umer Kot, Irshad Ali Khaskheli TO TC Mirwah Gorchani district Mirpur Khas, Parvez Ahmed Wassan TO TC Fakirabad Inspector Javed Iqbal Shaikh on behalf of SSP Sukkur, Rasool Bux Chachar TO TC Guddu, Muhammad Mushtaque TO TC Kario Ganwar, Ghulam Akber TO TC Hingorja, Juma Khan TO TC Sanjar Khan, Gul Bahar Rind TO TC Sarhari, Muhammad RAfique Buledi CMo Jacobabad, Anees-u-Rehman TO TC Sultan abad, Asghar Ali Wassan TO TC Kot Diji, Sabir Hussain Magsi TO TC Sijawal Junejo, Ghulam Shabir TO TC Bandhi, Abdul Hakeem Nasirani CMO Khipro, Ali Nawaz Hingoro TO TC Khadro, ZAfar Alli Domki TO TC Buxapur, Niaz Hussain Babar CMO Rato DEro, Dil Murad Magsi TMO Qubo Saeed Khan, Javed Ahmed Arbabani TO TC Madeji, Salman Khan Lund CMO Mirpur Mathelo, Abdul Sami Lashari Accountant TO Garhi Khairo, Aijaz Ali Shah TO TC Their, Mansoor Hussain Abro TO TC Rohri, Israr Ahmed Taxartion Officer, MC Shahdapur, Darya Khan Magsi TO TC Nangar parkar, Khuda Bux Sehwani TO TC Thanoi Bulakhan and Kotri,Ashok Kumar TO TC Shaheed Fazil Rahu Golarchi, Aftab Raza Shah TO TC Gerelo, Zulfiqar Ali Bhurro CMO MC Khairpur , Nadeem Hyder Jalbani CMO Pir Jo Goth , Hafiz Mushtaque Ali Kor ejo CMO Nau DEro, Aftab Ahmed TO TC Bhirya Road, Mukhtiar Ali Dayo TO TC Khanpur, Ali Ahmed Solangi CMO TC K.N Shah, Jamshed Ahmed TO TC Ghouspur,, Imran Ali Jhatiyal TO TC Seeta Road, Noor Muhammad Samo CMO MC Moro, Abdul Jabbar Korai TO TC Jatia, Javed Ahmed Dahiri Administrator MC Shahdapur, Muhammad Azam Brohi CMO MC Sehwan Sharif and reply of show-cause notice. Amir Ali Bhutto TO TC Behram, Saleem Akhtar Memon TO TC Kandiaro, Noor Ahmed Shaikh TO TC Karampur, Zulfiqar Marfani TO TC B. Shah Karim, Ali Raza Jessar CMO Tando Allah yar, Shoukat Ali Memon TO TC Tando Jan Muhammad, Yousif Sodho TO TC Manjhand, Saadat Noor Office Superintendent on behalf of CMO Tando Adam, Liaqat Ali Bhatti TO TC Bhit Shah, AShique Ali Kalhoro TO TC Ubauro, Muhammad Usman Qaimkhani TO TC Islamkot, Abdul Ghaffar Jatoi TO TC Kot Ghulam Muhammad Yousif Sodho, Illahi Bux Bambhan TO TC Agra, Abid Latif CMO MC Shikarpur, Maqsood Ali Jatoi TO TC Daharki, Kandhkot, Asif Iqbal Jagirani TO TC Lakhi, Shaharyar Kharal TO TC Gambat and Khuhra, Munir Ahmed Solangi OS MC Dadu, Abid CMO MC Bulhari, Iftikhar Hussain TO Tando Ghulam Ali

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O R D E R

AFTAB AHMED GORAR, J; The issue involved in this petition is of great significance of public importance, as such this matter was treated as a public interest litigation.

2. Compliance reports filed by Municipal Commissioners, CMOs, TMO, TOs, Union Council Secretaries are taken on record. The compliance reports/statements filed by the officers/officials in attendance are taken on record. The reports also submitted by Secretary Health Department and Secretary Local Govt. Department Government of Sindh as well as SSPs Sukkur, Qamber @ Shahdadkot, Mirpur Khas, Shikarpur and Jacobabad so also District Health Officer Sukkur which are also taken on record. Reply of show-cause notices filed by CMOs, Town Officers, and Union Council Secretaries found satisfactory stands vacated.

3. Through CMA No.2561 and 2558 of 2021 MPAs, namely, Mst. Faryal Talpur and Giyanoo Mal seek review/recall order of this Court dated 16.03.2021 whereby their Membership was ordered to be suspended on account of their failure to curb the dog bite cases in their Constituencies. Learned Counsel appearing on behalf of said MPAs submit that in future the MPAs shall supervise the ongoing drive against the culling dog bite cases and they also assured that no dog bite case will happen in their Constituencies. In such a situation, the listed CMAs (CMA No.2561 and 2558 of 2021) stand allowed and the order dated 16.03.2021 is hereby recalled to the extent of suspension of Membership of the above named both MPAs. Office is directed to send copy of this order to the Provincial Election Commissioner, Sindh as well as Secretary Provincial Assembly, Sindh through fax for information and compliance. However, it is ordered that all the MPAs of Sindh shall extend their full cooperation with the Municipal Commissioners, Chief Municipal Officers, Taluka Municipal Officers and Union Council Secretaries with regard to operation against culling of stray dogs without fail.

4. Najam Ahmed Shah, the Secretary Local Govt. Department Government of Sindh was directed to supervise/monitor the entire process of stray dog killings and if any of the officer of Municipal Corporation, Municipal Committees, Town Committees, Union Councils is found to be negligent in performing his duties, his services shall be put under suspension and disciplinary proceedings shall also be initiated against him. Today he is present files undertaking that any case regarding dog bites occurs within the jurisdiction of Municipal Corporation, Municipal Committees, Town Committees, Union Councils, the action will be taken against the delinquent officers/officials according to law, rules and policy and no permissible under code subject to availability of other than non-field posts and other officer’s availability as replacement. He however, ensures that no untoward incident of dog bite cases in entire Sindh will happen in future as he will monitor/supervise closely on the negligence on the part of any officer/official of the Local Council. He further undertakes that the mechanism of purchase of poison Capsules for culling of stray dogs shall be adopted. He is also directed to ensure that the culled dogs are being dumped in ditches with documentary proof.

5. Kazim Hussain Jatoi, Secretary, Health Department, Government of Sindh is present and ensures that vaccines and complete courses of ARV are being provided to the patients bitten by the dogs so also ensures that the health facilities and vials of vaccines are being made available at Civil Hospitals, Taluka Hospitals, RHCs and BHUs on emergency need basis to dog bite patients and thereafter said patients will be referred to the concerned ARV centers for providing further complete courses of ARV and stock position of injections ARV Doses in each hospital should be made available round O’clock. He is directed to do the needful as per his undertaking given before this Court today.

6. The Chief Secretary Sindh and Secretary Local Govt. Department Government of Sindh are directed to pay compensation in the shape of Diyat, Arsh or Daman amount (as the case may be) in terms of amount specified through latest Notification issued by Government of Pakistan to the bereaved families of the deceased of dog bite cases so also to the seriously injured victims and victims of the Dog bite cases within 15 days’ time after claim of the legal heirs of deceased and injured persons. It is made clear that the deceased and seriously injured of Rato Dero and Jamshoro shall also be compensated at the first instance. They are further directed to ensure that no Municipal Commissioners, Taluka Municipal Officers, Chief Municipal Officers, Union Council Secretaries shall be given field posting in whose jurisdiction the dog bite case happen. In case, any Municipal Commissioner, Taluka Municipal Officer, Chief Municipal Officer, Union Council Secretary is reported to have still field posting albeit dog bite case happened in his jurisdiction, the appropriate orders shall be passed against the Chief Secretary Sindh and Secretary Local Govt: Department, Government of Sindh. The Chief Secretary Sindh and Secretary Local Government Department Sindh are further directed not to make any transfer/posting of the Municipal Commissioners, Taluka Municipal Officers, Chief Municipal Officers, Union Council Secretaries at the directions/choices of concerned MPs/MNAs of their relevant constituencies and in case the MPAs/MNAs are found to have interfered with the Administrative affairs of the Local Govt. Department, Government of Sindh, the Chief Secretary Sindh and Secretary Local Govt. Department are directed to send report to the Election Commission of Pakistan who shall issue Notification for disqualification of the said MPA/MNA under compliance report to this Court.

In view of above, both captioned petitions along with CMAs stand disposed of. Let copy of this order be communicated to Chief Secretary Sindh, Secretaries, Provincial Assembly Sindh, Health Department, Local Government Department, Government of Sindh, Provincial Election Commissioner, Sindh through FAX as well as copy be provided to learned Additional Advocate General for compliance.

J U D G E

Ihsan Kalwar/*