KARACHI: The Federal Constitutional Court (FCC) has overturned the Supreme Court’s landmark 2018 and 2019 rulings that originally led to the demolition of Karachi’s Nasla Tower, declaring that the authority to act against illegal constructions fundamentally rests with the provincial government rather than the judiciary. In its detailed judgement, the Court emphasized that the judiciary must confine itself to the specific disputes brought before it and avoid unnecessary administrative intervention. The FCC noted that the Supreme Court had exceeded its jurisdiction by issuing sweeping orders beyond the scope of the case at hand, asserting that demolition orders cannot be passed solely on Sindh Building Control Authority reports without ensuring mandatory due process and fulfilling legal requirements.
While clarifying that its intention is not to provide legal protection to illegal structures, the Court stressed the necessity of ensuring that all actions are taken strictly in accordance with the law. It highlighted that the Sindh government and its relevant institutions already possess the effective legal frameworks and constitutional mandates required to monitor and penalize such violations. Consequently, the FCC has formally withdrawn the Supreme Court’s orders dated December 21, 2018, and January 22, 2019, along with all subsequent actions taken under them.
Furthermore, in an additional note, Justice Syed Arshad Hussain Shah emphasized that protecting citizens’ fundamental rights and public amenities remains the primary responsibility of the state, underscoring that public spaces—including parks, playgrounds, green belts, sidewalks, and beaches—must be strictly safeguarded against illegal encroachments and unauthorized conversions.
