Summary Pakistan's Constitutional Court withdrew Supreme Court orders behind Nasla Tower's demolition, stressing due process and provincial authority over illegal constructions.
ISLAMABAD (Dunya News) – Federal Constitutional Court has withdrawn the Supreme Court's 2018 and 2019 orders that resulted in the demolition of Karachi's Nasla Tower.
In its ruling, the Constitutional Court said the primary responsibility for taking action against illegal constructions rests with provincial governments, not the judiciary. It stressed that courts should remain confined to resolving disputes before them and avoid intervening in matters beyond the scope of a case.
The judgment stated that the Supreme Court had gone beyond the issues under consideration by issuing broad directives. It added that demolition orders could not be issued solely on the basis of reports from the Sindh Building Control Authority without fulfilling all legal requirements.
The Constitutional Court further observed that due process is a mandatory constitutional requirement in every case. It clarified that the purpose of the ruling is not to protect illegal constructions but to ensure that any action taken against them complies with the law.
The court noted that Karachi already has an effective legal framework and relevant institutions to deal with illegal buildings. It said the Sindh government and the concerned authorities are constitutionally and legally obligated to monitor and act against unlawful constructions.
The Constitutional Court formally withdrew the Supreme Court's orders issued on December 21, 2018, and January 22, 2019, along with all actions taken under those directives.
In an additional note, Justice Syed Arshad Hussain Shah said protecting citizens' fundamental rights and public amenities is the state's foremost responsibility. He emphasized that parks, playgrounds, green belts, footpaths, beaches, and other public spaces must be safeguarded from encroachments and unauthorized alterations.
