Apex court takes back order to remove Barrister Murtaza Wahab as Karachi administrator after he apologises
KARACHI, Dec 27 (SABAH): The Supreme Court of Pakistan on Monday took back its directions to Sindh Chief Syed Minister Murad Ali Shah, issued earlier in the day, to remove Barrister Murtaza Wahab Siddiqui as Karachi Administrator after he tendered an “unconditional” apology. The apex court advised Wahab to perform his duties in a non-partisan way by remaining above “political affiliation”.
The court directed that the post of administrator be “kept away from politics” and instructed Wahab to fulfill his responsibilities while remaining above “political affiliation and pressure”.
Earlier, a two-member bench comprising Chief Justice of Pakistan Justice Gulzar Ahmed and Justice Qazi Muhammad Amin issued a directive for Wahab’s removal after an exchange with him while hearing numerous important matters pertaining to unauthorised and illegal construction, encroachments of amenity plots, conversion of residential properties into commercial ones and the issue of two private hospitals allegedly running their health facilities on amenity plots at the apex court’s Karachi registry.
A petition filed in 2014 seeking possession of Hindu Gymkhana, a matter about Nasla Tower’s demolition, applications about rehabilitation of affectees dislocated due to the anti-encroachment drive in Karachi and the cases regarding the Karachi Circular Railway were fixed for hearing.
There are 118 civil miscellaneous applications (CMAs) filed to either become interveners or impleading parties in the main petition filed by late former city Nazim Naimatullah Khan Advocate in 2010, seeking SC’s intervention to get the amenity plots vacated from ‘land mafia and political parties’ in the city.
Attorney General for Pakistan Barrister Khalid Jawed Khan, Advocate General of Sindh Salman Talibddin, Karachi Commissioner Iqbal Memon, Murtaza Wahab and senior Director of the anti-encroachment department Bashir Siddiqui were present during Monday’s hearing.
During the hearing of a matter related to the Gutter Baghicha Park, Justice Amin, while addressing Wahab remarked, “These are state lands [and] not your personal property. [You will] have to return them. If we don’t take them [back] then someone else will. You will return the lands,” Justice Amin thundered.
“Should we leave the government?” Wahab questioned, saying that “major observations are” made about the provincial government by the court.
“Silence yourself mister, what are you saying? Don’t do politics here,” the chief justice reprimanded the administrator.
“Get out from here. We will fire you right now. Are you an administrator or a political leader?” Justice Gulzar questioned. He remarked that an administrator was appointed to serve the people in an impartial manner and the position was not meant to be used for politics.
“The administrator, prima facie, failed to perform his duties. The administrator’s behaviour is that of political leaders [and] not of serving the citizens,” the chief justice remarked.
The court ordered Wahab’s immediate removal and directed the Sindh chief minister to appoint an “impartial and competent” person in his place.
In October this year, the Supreme Court had directed the Karachi administrator to remove encroachments on the premises of the Gutter Baghicha park and restore it to its original shape and to properly maintain it for public.
The apex court had further ordered him to ensure that all playgrounds for children must be restored after immediate removal of encroachments and steps be taken to ensure that such areas were not encroached upon again.
“Go and transfer Bin Qasim park [and] Hill park in your name. Take Frere [Hall] park too. How many parks are there in Karachi? Finish them now. Distribute the few remaining parks among your officers as well,” the chief justice berated Wahab during the hearing on mondayy. “Is Karachi your personal property?” he questioned.
Meanwhile, Justice Amin said: “All of this is a trust with you. The state will take all these lands. If not through us then through someone else.”
The chief justice said who could have conceived there would be construction on plots meant for welfare purposes, remarking: “Welfare plots will remain for welfare [purposes] till the end of times.”
“The time has come to finish all KMC (Karachi Metropolitan Corporation) societies. The KMC people thought ‘sell everything at our own will’. A lot of wealth was made by selling welfare plots,” the chief justice said. He then directed Wahab to restore all parks.
In a strange turn of events, the Supreme Court took back its order for the removal of Murtaza Wahab from the post of Karachi administrator after he apologised following heated arguments in the courtroom during a hearing of the Gutter Baghicha case at the Karachi Registry on Monday.
During the proceedings, the court expressed displeasure over Murtaza Wahab for using harsh words. The apex court initially ordered the removal of Karachi administrator Murtaza Wahab after heated arguments during the hearing of the Gutter Baghicha case.
During the hearing, an angry Chief Justice of Pakistan Gulzar Ahmed instructed the Sindh chief minister to appoint an “impartial and competent” person in place of Murtaza Wahab. Murtaza Wahab is not competent enough to serve on the post of Karachi administrator, the court observed.
“Get out,” the CJP told Murtaza Wahab, asking him to leave the court room. “You are doing politics here,” the CJP remarked as he expressed annoyance at Murtaza Wahab. “Should we walk out and leave the government,” Wahab harshly responded during the hearing.
He said that major observations are issued against the government in open courts.
Wahab’s arguments got the court’s ire, as the CJP told him to be quiet. “Shut up mister! What are you talking about? Don’t do politics here,” the CJP reprimanded Wahab.
“Get out of here. [We] are dismissing you now,” the CJP ordered, asking Wahab if he is an administrator or a political leader.
Administrators are deputed for the service of citizens. They work in an unbiased manner, the court observed, adding that the administrator’s post is not to play politics.
“In general, the administrator [Murtaza Wahab] failed to fulfill his duties,” the CJP said, adding that Wahab’s attitude was of a politician and not a public servant.
Karachi administrator Murtaza Wahab later apologised to the court for using harsh words. “I apologize for my behavior,” Wahab said.
Justice Qazi Amin remarked that they have removed him [Wahab] from office. “You are no longer an administrator. You are not part of the state but the government,” he said.
Later on Murtaza Wahab, while speaking to media during a break in the hearing, said that he accepted whatever the court’s decision would be. He said that he has apologised to the court. “I was stating my opinion with great respect,” said Wahab, adding that this court is his own court.
“[A person] should be heard before issuing a decision against them,” Wahab said as he looked forward to the court’s final decision after the break.