SUO MOTU CASE NO,13 OF 2010: In the matter of (Regarding Supply of
This suo motu matter concerns the supply of contaminated drinking water from Rawal Lake to the citizens of Rawalpindi and Cantonment areas. The core legal question revolves around the enforcement of the fundamental right to life, which includes access to clean drinking water, and the failure of state authorities to coordinate and execute water treatment projects. The Supreme Court of Pakistan observed that despite claims by the Capital Development Authority (CDA), Islamabad Capital Territory (ICT), and Water and Sanitation Agency (WASA), bacterial contamination in the lake had drastically increased. The Court criticized the inter-departmental shifting of responsibility and the provincial government's post-Eighteenth Amendment confusion regarding environmental governance. Consequently, the Court directed the Secretary of the Cabinet Division to convene an immediate high-level meeting to expedite the installation of water treatment plants within thirty days and fix responsibility for delays. Additionally, the Chief Secretary of Punjab was directed to nominate heads of Environmental Tribunals and ensure the provision of clean drinking water across the province.
- Does the right to life under Article 9 of the Constitution of Pakistan 1973 encompass the right of citizens to access clean and uncontaminated drinking water?
- Can the Supreme Court direct federal and provincial authorities to coordinate and execute water treatment projects within a specified timeframe to prevent environmental hazards?
- What is the obligation of the provincial government regarding the appointment of heads of Environmental Tribunals to check environmental violations?
- Article 9, Constitution of Islamic Republic of Pakistan, 1973
ORDER
' A report has been submitted by the Secretary, Cabinet Division, Government of Pakistan, Islamabad, wherein certain steps have been directed to be taken by the different authorities.
Amongst other things, there is an interested water analysis report of the catchment area of Rawal Lake, according to which, total Coliform Bacteria/100m1 has increased from 1800 as it was on 29th August 2011 to 6000 on 29-3-2012, despite all the claims made by the CDA, ICT and WASA etc.
2. The Officers, who have appeared before us, seem to be not in a position to make a statement towards final solution of the contaminated water, which is flowing in Rawal Lake and is meant for consumption in Rawalpindi and Cantonment areas. However, they have shifted the responsibility from one department to another by using the expression that they have completed their work, but the other has failed to perform its part of obligation. Such state of affairs, on their behalf, is highly disappointing. No one is ready to realize that the poor citizens, who cannot afford to drink bottled mineral water, are using the contaminated water, which causes number of diseases. All efforts seem to be made on the files/papers, inasmuch as, after the 18th Constitutional Amendment, Government of Punjab lacks to understand that how to deal with the environmental issues and who is authorized to appoint Tribunals to check the environmental violations.
3. There is only one encouraging aspect of the case, namely that a meeting has to be convened by the Secretary, Cabinet Division, after today's hearing of this case. When we say encouragement, perhaps we mean that some responsible Officer should sit down and make a decision for the betterment of the general public properly and only then it would be possible to find out a solution otherwise this matter which is pending before this Court for the last about two years shall continue for some other period and ultimately shall be disposed of without extending any relief for enforcing the fundamental rights of the citizens, as enshrined under Article 9 of the Constitution of Islamic Republic of Pakistan, 1973. However, this Court is fully conscious of its duties and understands how to enforce the Constitutional provisions in letter and spirit, therefore, we direct the Secretary, Cabinet Division, Government of Pakistan, Islamabad, to convene a meeting within next three days and, if need be, should also call the Chief Secretary of the Province and other responsible officers instead of extending time for another period of 24 months etc. For installation of Water Treatment Plants etc. The Secretary should take immediate steps, to be completed within a period not more than 30 days and if need be, should fix responsibility upon the officers/officials, who are responsible for delay in the execution of such Plants etc.
4. Similarly, the Chief Secretary, Punjab is directed, to take personal interest in nominating the Heads of the Environmental Tribunals so that the violation of environmental law could be checked and also ensure that not only in District Rawalpindi, but throughout the Province of Punjab, the people are getting clean water for drinking. However, in the first instance, he should coordinate with the Secretary, Cabinet Division, to find out a solution in respect of Rawal Lake qua which, a matter is pending before this Court.
' To come up on 7-5-2012.