' QAZI FAEZ ISA, C.J.--Constitutional Petitions Nos.242 and 250 of 2014 pertain to the same subject matter and seek the same relief, accordingly, are being disposed of by this common judgment.
Constitutional Petition No.242 of 2014 has been filed by Mr. Akhtar Hussain Langove, who is represented by Mr. Jameel Ramzan Advocate, who states that the petitioner was a former member of the Balochistan Provincial Assembly elected from a Quetta seat. Constitutional Petition No. 250 of 2014 has been filed by four petitioners, namely, Messrs Jahangir Langove, Muhammad Tahir Baloch, Naseebullah and Saleem Ahmed, all residents of Quetta and they are represented by Mr. Ataullah Langove Advocate.
2. The learned counsel for the petitioners state that the lands of the Balochistan Sports Complex (hereinafter referred to as "the Sports Complex") have been encroached upon and additional encroachments are coming up. They further state that the Sports Complex appears derelict; rubbish is strewn all over, playing fields and grounds are either not developed or are maintained poorly, the boundary wall enclosing the Sports Complex has been breached at a number of places and does not exist at certain places and there is one monitoring the large entrance gates. The learned counsel state that the petitioners' want that the Sports Complex is preserved and utilized for the purpose of providing sporting facilities to the men, women and youth of Balochistan and to retrieve the lands of the Sports Complex that have been encroached upon. They further state that the petitioners do not have any personal agenda save as stated and as such the petitions can be categorized as public interest litigation.
3. Notices were issued to the respondents and comments were filed which also attended to the questions raised by the Court. It transpired that the Balochistan Sports Board which has the control of the Sports Complex is headed by a Director and is under the administrative control of the Ministry of Sports, Environment and Youth Affairs, whose present Secretary is Mr. Hafiz Abdul Basit.
We were informed that different organizations occupy portions of the Sports Complex and have constructed their own facilities and offices therein, as under:
(1) Pakistan Cricket Board; Pakistan Sports Board; Balochistan Sports Board; Youth .Dev eloprnent Center;
(5) Physical College;
(6) FIFA;
(7) Department of Archives and Culture;
(8) Balochistan Water and Sewerage Authority (B-WASA);
(9) Social Security Dispensary, and;
(10) Office of Public Health Engineering.
' The above are hereinafter collectively referred to as "the organizations".
4. That vide order dated 29th May 2014 the following problems pertaining to the Sports Complex were identified:
(1) No coordination between the organizations;
(2) No system of cleaning, garbage collection and disposal;
(3) No monitoring of access to the Sports Complex;
(4) Neglected common areas;
(5) Sizeable portions of land within the Sports Complex lying deserted;
(6) Illegal occupation of lands within the Sports Complex;
(7) Breaches in the boundary wall of the Sports Complex;
(8) Lack of new plantation;
(9) No place available to practice or play cricket, hockey, basketball, volleyball, football, javelin, shot-put, long jump, high jump, etc;
(10) No field/track available for running and track and field sports;
(11) The Sports Complex is neglected by all concerned; and
(12) Schemes are devised to squander and waste public money, for instance, breaking the existing concrete-paving-curbs in the parking area, but not removing the debris nor replacing them.
5. That the Sport Complex was meant to provide access to sport facilities and to provide training to sportsmen and sportswomen to enable them to compete nationally, regionally and internationally but regretfully the lands of the Sports Complex are not being utilized to realize their full potential.
This valuable asset is being wasted and the people deprived of their right to develop their sporting skills and potential. We cannot be unmindful of this state of neglect and the gross incompetence of the concerned government departments.
6. That another problem that has brought to our attention was the fact that the land which was designated for future use as a football ground and swimming pool, situated within Sports Complex, was encroached upon and was being misused for the storing of vehicles that had been taken into custody by the police or required in pending cases. That vide order dated 29th May 2014, we had directed the Inspector General of Police, "to remove vehicles parked on the land of the Sports Complex latest , by 1st August 2014 and report compliance". Mr. Jameel Ramzan, states that the said order of this Court has been violated as the vehicles have still not been removed. The learned AG states that as today is the first day after the reopening of the Court after summer vacations, he was not able to monitor the implementation of the order which the Government of Balochistan is committed to comply with and requests that if two weeks time is granted the order will be complied with.
7. That another grievance of the petitioners was that a certain portion of the unutilized land of the Sports Complex was being used for the construction of barracks for the Anti-Terrorist Force ("ATF").
In this regard the Government of Balochistan filed Lease Order, issued by the Board of Revenue Balochistan, whereby land admeasuring 34,611 square feet had been leased in favour of the Police Department for construction of barracks for ATF. The stipulated condition of the Lease Order includes that, "No connectivity will be made from the Sports Complex side" and that, "A boundary wall would be constructed from the Sports Complex side". The reply also attaches a plan of the proposed barracks. The learned Advocate General assisted by the learned Assistant Advocate General "AG" and "AAG") state that the land of the Sports Complex is owned by the Government of Balochistan therefore the Government can put it to any other government / public use. He further states that national and international sporting events are held within the Sports Complex, which require security, and if the arracks are in the vicinity the ATF could provide the necessary security and protection as and when required and quickly respond to emergencies.
8. We have heard both sides and perused the record, The Government of Balochistan has leased the said portion of land, which lies adjacent to an under construction government girls school which in turn lies adjacent to the office of the Senior Superintendent of Police. The said land has been leased for a specific purpose, i.e. Construction of barracks for the ATF. The said land is at the extreme western periphery of the Sports Complex is accessed from a road outside the Sports Complex. The learned AG has also stated that ATF personnel would help in responding to any emergency. There are also large portions of land situated within the Sports Complex that are lying deserted, which could be put to use for sports. Under such circumstances the land leased by the Government for a public purpose cannot be categorized as an illegal encroachment. The learned AG has also made out a case for having ATF personnel in close proximity of the Sports Complex.
However, to ensure that there is no interference with the management of the Sports Complex and those using it, the day to day access to the barracks will not be provided from the Sports Complex side, but from the road that lies outside the Sports Complex.
9. That the fundamental right to life as (Article 9 of the Constitution of Pakistan) is not one limited to mere existence, but "includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally" (Shehla Zia v. WAPDA, PLD 1994 Supreme Court 693), which would include providing a healthy environment to the citizens. The Sports Complex has been set up at huge public expense and to run and maintain employs a very large number of persons, whose salaries too form part of the public expenditure. It must therefore be ensured that this huge investment is not wasted. Sports' men, women and young people must have access to places where they can develop their sporting potential.
10. That another fundamental right is the right of education to education of everyone child till the age of sixteen (Article 25A of the Constitution), and education cannot be limited to the pursuit of academic knowledge alone. A complete education attends to a student's mind as well as body, therefore, it can be contended that the fundamental right to education includes provision of sport facilities. The physical development of a student is as important as the development of his / her mind and it is the duty of the Government, to the extent that resources permit to provide them with sporting facilities. The present case is not one where new facilities are required to be constructed, but simply to safeguard the existing ones and to ensure that the lands of the Sports Complex are put to their designated use.
11. That, leaving aside the matter of fundamental rights, there is another aspect to the provision of sport and recreation facilities; it has been irrefutably established (by innumerable studies on the subject) that they help build stronger, healthier, happier, and safer communities. A direct correlation is also established between academics and sports and recreation, as those engaged in them do better academically. Participating in sports also promotes better health, prevents diabetes, cardiovascular disease, promotes better mental health and helps divert young people away from crime. Economic benefits also accrue by investing in sports and recreational facilities. It is observed that all societies where there is investment in sports and recreation benefit from increased social integration and friendships, and the underprivileged develop self esteem and confidence.
12. South Africa, a divided and fractured society, coalesced, and a major E reason for this was the emphasis placed on sports and recreation. Nelson Mandela said, that "Sport has the power to unite people in a way little else can. Sport can create hope. Breaks down racial barriers ... Laughs in the face of discrimination and speaks to people in a language they can understand"; and inspired the Department of Sport and Recreation to enact a policy titled, "Getting the Nation to Play", the preamble of which states: "Sport and Recreation are as old as human race itself. As social activities they have grown over the years and down the ages to permeate the entire social fabric of any given society. Sport in particular developed to be a bridgehead to cross all kinds of barrier lines, whether these be racial, ethnic, linguistic, cultural, gender or age. Its ability to transcend all these boundaries springs from the natural and simple language with which it expresses the ideals of the oneness of the human specie."
13. That the personification of the bestowal of blessings on the human race, Prophet Muhammad, peace and blessings be upon him, engaged in and encouraged sports, including wrestling, running, swimming, archery and horse and camel racing. He also watched these activities and rewarded the winners. The Prophet's interest in sport did not abate with age. He learned to swim and after migrating to Madinah he would compete with his companions in running. His sayings on the subject of sports and recreation include the following:-- "Teach your children swimming, archery and horse-riding."
"The strong believer is better and more beloved by Allah than the weak believer, while there is good in both."
"There is a reward for each step of a person who runs."
"... Have a fit body and walk... ."
14. The Prophet's sayings did not exclude women and girls. He himself raced against Hazrat Aisha (peace be upon her) and lost, however, when he again raced against her he won because she had put on weight (Abu Dawud, Ahmed and Ibn Majah). The Prophet was a fit man and did not put on weight; Tabrani and Tirmidhi reported that his chest and stomach were in line, i.e. His stomach did not protrude. Sport encourages cooperation, sharing of common feelings and solidarity and makes people active and get used to discipline; thus it reflects too the ideals of Quaid-eAzam Muhammad Ali Jinnah "unity, faith and discipline".
15. That from time to time, pursuant to our directions, reports were submitted by the respondents that showed incremental progress and improvement in the management and affairs of the Sports Complex. However, a number of basic things still require to be done, which include the following:--
(1) Utilizing all available lands of the Sports Complex for use of different sports as appropriate;
(2) Greening of the fields where required by using grey water;
(3) Planting of trees and plants at appropriate places;
(4) A proper system for the removal of rubbish.
' The learned AG along with Secretary of the Department states that two PC-ls have been prepared for the transportation of treated water from the sewerag.: treatment plant, situated at Sabzal Road, Quetta, to the ports Complex and for the purchase of tractor with ancillary equipment, which would be used for transportation of rubbish, levelling of fields and other uses. That since the proposed expenditure on the same is modest compared to the considerable benefits that will be derived we are confident that the Government will attend to this matter with the urgency that it deserves and make resources available so that the lands of the Sports Complex can be best utilized and maintained.
16. That the Sports Complex is an asset of the people, and is the only one of its kind in the province.
It must therefore not be allowed to become the victim of malaise and neglect that all too often pervades public sector organizations. The people are entitled to get the full benefit of the Sports Complex paid out of their taxes, and those administering it are accountable to the people.
However, it was only after the filing of these petitions and once we took notice that the problems besetting the Sports Complex were attended to. Considerable time of the court was spent calling for periodical reports and examining them and passing interim orders, but this had to be done because those whose duty it was to do so were inattentive towards them.
17. That hopefully now, the stage has been set to ensure that the Sports Complex is efficiently run.
However, to ensure that the Sports Complex is properly used and utilized this petition is disposed of by issuing the following directions:--
(1) The Balochistan Sports Board to hold meetings at least once every two months to attend to the matters regarding the common areas that are used by or accessed by the organizations that are using the Sports Complex, and the senior most person of each organization working within the premises of Sports Complex should attend such meetings;
(2) A coordinated system of cleaning, garbage collection and disposal be put in place;
(3) Access to the Sports Complex lands be monitored and there must always be someone at the entrance-exit gates;
(4) A complete plan of the Sports Complex lands be prepared to scale, which should identify who is in occupation of which area;
(5) No one should be permitted to illegally encroach upon any land of the Sports Complex;
(6) All illegal occupants of the lands within the Sports Complex be evicted and the lands repossessed by the Balochistan Sports Board, if required with the assistance of the police;
(7) Plan/s be prepared for the lands situated within the Sports Complex that are presently lying deserted and how best they can be put to use amongst others for practicing / playing cricket, hockey, basketball, volleyball, football, javelin, shot-put, long jump, high jump, track and field;
(8) The breaches made in the boundary wall of the Sports Complex repaired/closed and the area where there is no boundary wall, including next to the police office be raised;
(9) Places for planting trees and plants be identified, as well as water sources for watering them, including utilizing used/grey water;
(10) The Inspector General of Police is directed to remove the vehicles (mentioned in paragraph six above) stored on the grounds of the Sports Complex latest by 8th September, 2014 and submit compliance report through the Registrar;
(11) The day to day access to the Anti-Terrorist Force barracks should not be from the Sports Complex side, but from the road that lies outside the Sports Complex.
(12) If any person has any complaint regarding the Sports Complex the same should be addressed to the Director Balochistan Sports Board, who is directed to maintain a register wherein the complaints should be serially numbered and recorded, and the action, if any, taken thereon be written and if the matter is beyond his authority, but one which he considers requires attending to, should be reported to the Secretary of the Department.
' That in case any of the aforesaid directions are violated the petitioners or any one of them would be at liberty to approach the Court again.
' The petition is disposed of in the aforesaid terms, but with no order as to costs. The office is directed to send a copy of this judgment to the Secretary Sports, Environment and Youth Affairs, Director Balochistan Sports Board, who is further directed to send it to all the organizations occupying premises within the Sports Complex, the Inspector General of Police, Managing Director Balochistan Water and Sewerage Authority, Secretary Finance and Secretary Communications and Works for information and compliance.
18. That since this judgment is in the realm of public interest litigation and attends to the rights of the people we feel that it should be made accessible to the general public. Therefore, this judgment has been translated into Urdu for widespread understanding and dissemination (reference, Munir Hussain Bhatti. Advocate v. Federation of Pakistan, PLD 2011 SC 407), however, the English version shall constitute precedent.