FCC overturns Supreme Court's Nasla Tower demolition orders

ISLAMABAD: The Federal Constitutional Court (FCC) on Friday withdrew the Supreme Court’s 2018 and 2019 orders directing the demolition of Karachi’s Nasla Tower, ruling that action against illegal constructions falls within the jurisdiction of the provincial government and relevant authorities, not the judiciary.

In its verdict, the constitutional court observed that the judiciary does not have the authority to initiate action against illegal constructions, stressing that courts should remain confined to resolving the disputes brought before them and avoid unnecessary intervention in administrative matters.

The court held that the Supreme Court had gone beyond the scope of the case under consideration by issuing broader directions regarding illegal constructions.

It further ruled that demolition orders cannot be issued solely on the basis of reports submitted by the Sindh Building Control Authority (SBCA) without fulfilling legal requirements and ensuring due process.

The FCC emphasised that fair legal proceedings and due process are mandatory constitutional requirements in every case.

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“Our objective is not to protect illegal constructions, but to ensure that any action is taken strictly in accordance with the law,” the court observed.

The verdict noted that Karachi already has an effective legal and institutional framework to deal with illegal constructions, adding that the Sindh government and the relevant authorities are legally responsible for monitoring and taking action against such structures.

In an additional note, Justice Arshad Hussain Shah said the protection of citizens’ fundamental rights and public amenities is the state’s foremost responsibility. He also stressed that public spaces must be safeguarded against illegal encroachments and unauthorised alterations.

Nasla Tower Case

It is to be noted that the the then Chief Justice supreme court of Pakistan Gulzar Ahmed had ordered the demolition of the residential building Nasla Tower on Karachi’s Shara-e-Quaideen on June 28, 2021.

Following the directives of the Supreme Court (SC), the Nasla Tower was demolished by local administration on November 24, 2021.

The supreme court had also ordered an inquiry against the SBCA and other officials who were involved in the illegal construction of Nasla Tower.

Police had registered an FIR against Sindh Building Control Authority (SBCA), and a housing society over irregularities in the construction of Nasla Tower, on the orders of the Supreme Court of Pakistan.