SHC seeks report on enforcement of anti-defacement law in Sindh

KARACHI: The Sindh High Court (SHC) has directed the chief secretary to submit a detailed report on the implementation of the Prevention of Defacement of Property Act, 2013 across Sindh, including Karachi Division.

A two-judge constitutional bench headed by Justice Adnan-ul-Karim Memon also sought a report on the constitution of the anti-property defacement task force and the implementation of a comprehensive anti-defacement programme. The court further asked the chief secretary to inform it at the next hearing whether rules under the law have been framed.

The matter came up in a petition filed in December last year against the defacement of government buildings, parks, playgrounds, roads and utility service poles. The petitioner, Tariq Mansoor, had argued that the problem had been increasing through wall chalking, posters, banners, hoardings and advertisements.

In the petition, the chief secretary, local government secretary, Karachi mayor and commissioner, inspector general of police and prosecutor general were cited as respondents. The petitioner contended that although the Prevention of Defacement of Property Act was enacted in 2013, it had yet to be implemented.

Court observations on the law

In its order, the bench noted that the law was enacted to prevent defacement of property and to prohibit writing, posters, banners, advertisements and other material on walls and properties across the province. It observed that defacement includes writing, painting, chalking, affixing bills, placards and other material on any property without prior permission from the owner.

The bench also noted that violations of the law are punishable with imprisonment of up to six months and fines.

According to the order, the government was required to constitute an anti-property defacement task force within 15 days of the promulgation of the act. The task force is meant to assess the nature and extent of defacement, recommend measures for better enforcement, review practices in other jurisdictions and propose a comprehensive anti-defacement programme.

The court said the task force must include a chairperson and members from the fields of law, civil society, education, media, the business community and engineering or architecture. The law also requires every local council to remove all existing defacement within its jurisdiction and recover the cost from the person responsible.

Statutory obligations not fully implemented

The bench observed that the law was enacted in 2013 and came into force in March 2014, and said the government was under a statutory obligation to implement it in letter and spirit. The law placed mandatory duties on the government and local authorities to prohibit defacement, remove existing defacement, constitute the task force, prepare a comprehensive anti-defacement programme and frame rules for effective implementation.

The bench further observed that non-enforcement of the law defeats the purpose of the legislation and adversely affects the fundamental rights of citizens, particularly the right to life, dignity and the right to a clean and healthy environment, which it said falls within the ambit of Article 9 of the Constitution.

That, as guardian of fundamental rights, the high court was empowered to direct the authorities to perform their statutory obligations in accordance with the law. The bench also held that since the matter concerned enforcement of law and protection of the fundamental rights of the public at large, the petition was maintainable as public interest litigation.

The bench further order the chief secretary to submit a comprehensive report with regard to the enforcement of the Prevention of Defacement of Property Act, 2013 throughout the province of Sindh, including Karachi Division, adding that he shall also submit his report with regard to constitute the anti-property defacement task force in terms of Section 4 of the Act and implement a comprehensive anti-defacement programme.

The order also stated that local councils and the authorities concerned are required to remove all existing defacement within their respective jurisdictions under Section 5 of the Act.

The hearing was adjourned for a date to be fixed after three weeks, with the chief secretary also directed to inform the court whether rules under Section 6 of the Act have been framed.