AFTAB AHMED GORAR, J. The issue involved in this petition is of great significance of public importance, as such this matter was treated as a public interest litigation.
2. Compliance reports filed by Municipal Commissioners, CMOs, TMO, TOs, Union Council Secretaries are taken on record. The compliance reports/statements filed by the officers/of ficials in atten dance are taken on record. The reports also submitted by Secretary Health Department and Secretary Local Govt. Department Government of Sindh as well as SSPs Sukkur , Qamber @ Shahdadkot, Mirpur Khas, Shikarpur and Jacobabad so also District Health Officer Sukkur which are also taken on record. Reply of show-cause notices filed by CMOs, Town Officers, and Union Council Secretaries found satisfactory stands vacated.
3. Through CMA No.2561 and 2558 of 2021 MPAs, namely , Mst. Faryal Talpur and Giyanoo Mal seek review/recall order of this Court dated 16.03.2021 whereby their Membership was ordered to be suspended on account of their failure to curb the dog bite cases in their Constituencies. Learned Counsel appearing on behalf of said MPAs submit that in future the MPAs shall supervise the ongoing drive against the culling dog bite cases and they also assured that no dog bite case will happen in their Constituencies. In such a situation, the listed CMAs (CMA No.2561 and 2558 of 2021) stand allowed and the order dated 16.03.2021 is hereby recalled to the extent of suspension of Membership of the above named both MPAs. Office is directed to send copy of this order to the Provincial Election Commissioner , Sindh as well as Secretary Provincial Assembly , Sindh through fax for information and compliance. However , it is ordered that all the MPAs of Sindh shall extend their full cooperation with the Municipal Commissioners, Chief Municipal Officers, Taluka Municipal Officers and Union Council Secretaries with regard to operation against culling of stray dogs without fail.
4. Najam Ahmed Shah , the Secretary Local Govt. Department Government of Sindh was directed to supervise/monitor the entire process of stray dog killings and if any of the officer of Municipal Corporation, Municipal Committees, Town Committees, Union Councils is found to be negligent in performing his duties, his services shall be put under suspension and disciplinary proceedings shall also be initiated against him. Today he is present files undertaking that any case regarding dog bites occurs within the jurisdiction of Municipal Corporation, Municipal Committees, Town Committees, Union Councils, the action will be taken against the delinquent officers/of ficials according to law, rules and policy and no permissible under code subject to availability of other than non-field posts and other officer's availability as replacement. He however , ensures that no untoward incident of dog bite cases in entire Sindh will happen in future as he will monitor/supervise closely on the negligence on the part of any officer/of ficial of the Local Council. He further undertakes that the mechanism of purchase of poison Capsules for culling of stray dogs shall be adopted. He is also directed to ensure that the culled dogs are being dumped in ditches with documentary proof.
5. Kazim Hussain Jatoi , Secretary , Health Department, Government of Sindh is present and ensures that vaccines and complete courses of ARV are being provided to the patients bitten by the dogs so also ensures that the health facilities and vials of vaccines are being made available at Civil Hospitals, Taluka Hospitals, RHCs and BHUs on emergency need basis to dog bite patients and thereafter said patients will be referred to the concerned ARV centers for providing further complete courses of ARV and stock position of injections ARV Doses in each hospital should be made available round O'clock. He is directed to do the needf ul as per his undertaking given before this Court today .
6. The Chief Secretary Sindh and Secretary Local Govt. Department Government of Sindh are directed to pay compensation in the shape of Diyat, Arsh or Daman amount (as the case may be) in terms of amount specified through latest Notification issued by Government of Pakistan to the bereaved families of the deceased of dog bite cases so also to the seriously injured victims and victims of the Dog bite cases within 15 days' time after claim of the legal heirs of deceased and injured persons. It is made clear that the decease d and seriously injured of Rato Dero and Jamshoro shall also be compensated at the first instance. They are further directed to ensure that no Municipal Commissioners, Taluka Municipal Officers, Chief Municipal Officers, Union Council Secretaries shall be given field posting in whose jurisdiction the dog bite case happen. In case, any Municipal Commissioner , Taluka Municipal Officer, Chief Municipal Officer, Union Council Secretary is reported to have still field posting albeit dog bite case happened in his jurisdiction, the appropriate orders shall be passed against the Chief Secretary Sindh and Secretary Local Govt: Department, Government of Sindh. The Chief Secretary Sindh and Secretary Local Government Department Sindh are further directed not to make any transfer/posting of the Municipal Commissioners, Taluka Municipal Officers, Chief Municipal Officers, Union Council Secretaries at the directions/choices of concerned MPs/MNAs of their relevant constituencies and in case the MPAs/MNAs are found to have interfered with the Administrative affairs of the Local Govt. Department, Government of Sindh, the Chief Secretary Sindh and Secretary Local Govt. Department are directed to send report to the Election Commission of Pakistan who shall issue Notification for disqualification of the said MPA/MNA under compliance report to this Court.
In view of above, both captioned petitions along with CMAs stand disposed of. Let copy of this order be communicated to Chief Secretary Sindh, Secretaries, Provincial Assembly Sindh, Health Department, Local Government Department, Government of Sindh, Provincial Election Commissione r, Sindh through FAX as well as copy be provided to learned Additional Advocate General for compliance.