Pakistan’s Constitutional Court has ruled that the Supreme Court exceeded its jurisdiction by issuing broad directions on illegal constructions while hearing the Nasla Tower case, emphasizing that all actions against unlawful buildings must strictly follow constitutional due process.
In its detailed judgment, the court observed that the judiciary does not have the authority to independently initiate action against illegal constructions. Instead, courts should remain limited to resolving disputes brought before them and avoid unnecessary intervention in administrative matters.
The Constitutional Court held that the Supreme Court had gone beyond the scope of the original case by issuing wider directives concerning illegal constructions across Karachi.
The ruling further stated that demolition orders cannot be issued solely on the basis of reports submitted by the Sindh Building Control Authority without complying with legal requirements and ensuring affected parties are provided due process.
The bench stressed that fair legal proceedings and the right to due process are fundamental constitutional protections that must be observed in every case involving demolition or administrative action.
“Our objective is not to protect illegal constructions, but to ensure that any action is taken strictly in accordance with the law,” the court stated in its verdict.
The judgment noted that Karachi already has a comprehensive legal and institutional framework for dealing with unauthorized constructions. It added that the Sindh government and the relevant regulatory authorities bear the primary legal responsibility for monitoring, preventing, and acting against illegal buildings.
In an additional note, Justice Arshad Hussain Shah said protecting citizens’ fundamental rights and preserving public amenities remain among the state’s highest constitutional responsibilities. He also emphasized that public spaces must be protected from illegal encroachments and unauthorized structural changes.
Background: Nasla Tower Demolition
The case stems from the demolition of Nasla Tower, a high-rise residential building located on Shara-e-Quaideen in Karachi.
On June 28, 2021, then Chief Justice Gulzar Ahmed ordered the demolition of the building over alleged construction irregularities. Acting on the Supreme Court’s directives, local authorities demolished Nasla Tower on November 24, 2021.
The Supreme Court also ordered an investigation into officials of the Sindh Building Control Authority and others allegedly involved in approving the building’s construction. Subsequently, police registered a First Information Report (FIR) against SBCA officials and representatives of a housing society over alleged irregularities linked to the project.
The Constitutional Court’s latest ruling clarifies the limits of judicial authority in cases involving illegal constructions while reaffirming that enforcement actions must be carried out by the relevant authorities in accordance with the Constitution and applicable laws.
