Right of compensation for flood losses
n the year 1975, the government via a notification declared that citizens shall no more enjoy ownership rights over the rivers, riverbeds and streams. As a result, ownership, management and control of the rivers, riverbeds and streams falling in the territory of Chitral stood transferred and vested in the federal government.
The government failed to manage the rivers and streams through precautionary measures like embankments, Bunds, flood early warning systems and the radar system. Flood increased in rivers and streams destroying lives and property from time to time. The biggest destruction occurred in July and August 2015.
The victims who suffered enormous losses attached their expectations from the federal and the provincial governments but to no avail. Articles 9, 14, 23, 24, and 25 of the Constitution of Pakistan guarantee its citizens the fundamental rights of life, inviolability of dignity of man, right to hold property, protection of property rights and equality before law. Therefore, it is the duty of the government to protect their lives and properties.
The Supreme Court of Pakistan, in their judgment in Constitutional Petition No 62 0f 2010 ( Marvi Memon vs Federation of Pakistan etc ) dated 7-6-2011; Shehla Zia vs WAPDA ( PLD 1994 SC 693 ) Syed Masroor Ahsan vs Ardeshir Cawasjee ( PLD 1998 SC 823), and Sardar Farooq Ahmed Leghari vs Federation of Pakistan ( PLD 1999 SC 57 ) held that it is the duty of the government to protect the lives and properties of the citizens.
The Supreme Court of Pakistan has also endorsed the judgment of the Supreme Court of India, in the case of Behar Legal Support Society vs Chief Justice of India (AIR 1986 SC 38) and the case of State of Himachal Pradesh vs Students parent Medical College Simla ( AIR 1985 SC 910).
The Supreme Court has endorsed the views of Justice Bhagwati which reads as under; “Where the court finds, on being moved by an aggrieved party or by any public spirited individual or social action group, that the Executive is remiss in discharging its obligations under the Constitution or the law, so that the poor and the underprivileged continue to be subjected to exploitation and injustice or are deprived of their social and economic entitlements or that social legislation enacted for their benefit is not being implemented thus depriving them of the rights and benefits conferred upon them, the court certainly can and must intervene and compel the executive to carry out its constitutional and legal obligations and ensure that the deprived and vulnerable sections of the community are no longer subjected to exploitation or injustice and they are able to realize their social and economic rights.
When the court passes any orders in public interest litigation, the court does so not with a view to mocking at legislative or executive authority or in a spirit of confrontation but with a view to enforcing the Constitution and the law, because it is vital for the maintenance of the rule of law that the obligations which are laid upon the executive by the Constitution and the law should be carried out faithfully and no one should go away with a feeling that the Constitution and the law are meant only for the benefit of a fortunate few and have no meaning for the large numbers of half-clad, half-hungry people of this country.”
The Supreme Court of Pakistan has endorsed and reproduced the opinion of Justice Bhagwati in the case of Behar Legal Support Society v. Chief Justice of India as follows:- “The weaker sections of Indian humanity have been deprived of justice for long years; they had no access to justice on account of their poverty, ignorance and illiteracy. They are not aware of the rights and benefits conferred upon them by the constitution and the law.
On account of their socially and economically disadvantaged position they lack the capacity to assert their rights, and they do not have the material resources with which to enforce their social and economic entitlements and combat exploitation and injustice.’’ The guarantees as enshrined in the Constitution of Pakistan and the judgments of the Supreme Court of Pakistan are enough to make us understand that the flood affectees of Chitral have a genuine case of compensation for the flood losses.
I am in the process of consultation with the legal experts across the country and eager to take the case to the relevant legal forum within the shortest possible time.
The writer is ex-senior bureaucrat and leader of PPP Chitral.
Is 4G k zamanay may be Zardari party ko join ker k awam k huquq ki bat kerna do mutazad cheezain hay, Zardari k paanch sal sabnay dekliya, logon pe azab tha, cheeni or ata k buhran, CNG or petrol k buhran paida ker k awam ko linon may khara ker k loota gaya, Thar may log bhook say martay rahay zardarri or hamnawa Sindh may Jashan manatay rahay, Awam loudsheding or mehengai say pistay rahay, Faryal talpur, Sharmeel faruqi or wozara panch sal mast nazar 5 saal may ek megawat ki bijli paida nai kersakay, Karachi may 5 saal daily target killing say 12 say ziaday daily bequsur awam marta rahy, phir b Bhutto badnam or Zinda he rahay, abi 21st century hay Bhatto jo b tha acha ye Bura magar Zardari k paach saala hakumat k bad b koi iski party join ker k haquq ki bat kernay ka matlab, choori lay k maidan may ana ajo apny gally lay ker.
Good write up and Chitral really need an informed, educated leader like you, who can understand the law, the right of citizen and fight for them. If we carefully look at the governance and problem of the citizens in the country in general and particularly in Chitral, we come to know how the state has turned blind eye toward the problems of its citizen. As a result the public is paying heavy price interms of envirnmental disasters poor infrastructure, no quality control, communication problem (no telephone and internet facility), the list is long. Here we cannot simply blame the government our leadership too is equally responsible for all the mess, who mostly are either ignorant or accompliced and rarely touch such issues. Chitral of 21st century is well-informed, highly educated and the leadership should respond to aspirations accordingly. Once again appreciate ur thoughts and hope you will continue educating as well fighting for the rights of Chitralis.
Dear s.wazir.. You have initiated a wonderful case to help chitrali community who have been through a lot of losses due devasted flood. I know u have the ability to do everything in the interest of chitral.im sure you never b like other chitrali politicians who have seen nothing in past and have only look after themselves. God bless u.
sir the litigation will take long time.Ap zardari ke 60 million dollar halal ki kamai Jo swiss bank me pare chain wapas late a.
you are going to do a good job but I think zardari will not allow you.
Ap Saleem Khan k Assets Chek ker k hamay batai, Voh jo Chitral may parchun ka dukan tha is waqt us k asset kitnay thay or ab kitnay hay?
Dear Sultan wazir sab, Boht khoob boht meherbani, ap boht achay kam kernay jaraha hay, Mujay umeed ye b hay ap apny Legal forum say ye b pochengay k PPP 5 sala dour hakumat may Lowari Tunnel k fund 10arab rupay Multan, Sind or Gujar Khan divert kerdiya gai thay, is na insafi or Project ko delay ker k Qaum ka paisa or waqt zaigh kernay per per ap Mr. Gilani, Mr. Raja Ashraf or Zardari k khilaf b sui kernay ka sochay to Chitral k awam or Youth Chitral ap k shana ba shana kharay hojaingay.