Throwing trash in public and open spaces is definitely
a criminal offence in Pakistan Panel Code, however the recent decision of the judicial
Magistrate to release the citizens in Karachi booked under Section 188 for
throwing garbage in open space is really a judicious one.
The Section 188 (disobedience to order duly
promulgated by public servant) of the Pakistan Panel Code has been here in
Pakistan since a long time. But when the Sindh Government through a
notification issued on February 26, 2018 on behalf of Home Department specially
imposed a ban on dumping household, industrial, commercial or hospital waste in
open residential and commercial areas, it cast a dark shadow. The
notification states “In pursuance of Section 195 (i) (a) of the Code of Criminal
Procedure, the SHO of the police station concerned is hereby authorised to
register complaints under Section 188 of Pakistan Panel Code in writing for
violation of Section 144 against those who don’t obey these order”.
Like always the Karachi police followed these ragged orders
with open arms and began arresting common people across the city. Though it was
written in the notification that “Unscrupulous elements in the municipal
authorities, contractors of the Solid Waste Management Board (SWMB) and some
private citizens are also in the habit of burning these heaps garbage, which is
resulting in serious environmental and health hazards”. And, also on February 22,
2018 the SWMB chief Taha Farooqui had himself admitted that “all the garbage
being generated by the metropolis was not reaching the landfill sites” and
urged the civic agencies to ensure that their waste reaches the required destination.
But police arrested only citizens rather any contractors of SWMB or staff of
municipal authorities who were and still are overtly involved in burning garbage
in public spaces instead of shifting it to garbage stations or landfill sites.
After the issuance of notification, the Karachi Police
without wasting time started taking action and registered cases against citizens.
From the very next day in Old city area police arrested two suspects who
allegedly threw garbage on a main road and registered FIR against them. Similar
actions were taken against a number of citizens for throwing garbage outside
homes in Garden, Saudabad and Khawaja Ajmer Nagri areas within days.
However, when two of these culprits were presented
before court the judicial Magistrate Asif Raza Mir ordered the release of the
accused and quashed cases against them. In his remarks the Magistrate stated
when “nothing was ideal in the city in respect of the disposal of garbage, it
was strange to arrest people over garbage-throwing”. The Magistrate further and
rightly observed that the administration has neither made any arrangement for
lifting trash nor provided any proper civic facilities to the citizens that’s
why waste was dumped at public places in localities, and it was not fair to
arrest citizens in such conditions.
There is no doubt public littering is definitely not
acceptable, and many less considerate citizens have a nasty habit of disposing
of trash in open spaces in the absence of trash bins in streets and roads. It
is an open secret the garbage collection system in the city is overwhelmingly
politicised and unsatisfactory. So, most of the people in the city tend to get
rid of their household trash by duping it in the nearest kachra kundi. But if this can get them arrested, that seems to have
no logic.
By
Editorial, Infocus
(Courtesy Mera Karachi Group for image)
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