Federal Constitutional Court Sets Aside Nasla Tower Demolition Orders

The Federal Constitutional Court (FCC) has withdrawn the Supreme Court’s orders of December 21, 2018, and January 22, 2019, which had led to the demolition of Karachi’s Nasla Tower.

In its written verdict, the court stated that actions against illegal constructions primarily fall within the jurisdiction of provincial governments rather than the judiciary. The FCC held that courts should remain confined to the dispute before them and avoid unnecessary intervention in matters beyond the scope of the case, noting that the Supreme Court had issued directions extending beyond the pending proceedings.

The constitutional court further clarified that demolition orders cannot be issued solely on the basis of reports submitted by the Sindh Building Control Authority without fulfilling legal requirements, emphasizing that due process is a mandatory constitutional requirement in every case.

The court affirmed that its decision is not intended to provide legal protection to illegal constructions but to ensure that any action taken against them complies with the law. It added that Karachi already possesses an effective legal framework and relevant institutions responsible for addressing illegal constructions, and the Sindh government and concerned authorities are constitutionally and legally bound to monitor and take action against such structures.

As part of its ruling, the Constitutional Court set aside the Supreme Court’s orders dated December 21, 2018, and January 22, 2019, along with all actions taken under those directives.

In an additional note, Justice Syed Arshad Hussain Shah stated that protecting citizens’ fundamental rights and public facilities is the state’s foremost responsibility. He underscored the importance of safeguarding parks, playgrounds, green belts, footpaths, beaches, and other public spaces from illegal encroachments and unauthorized alterations.