to the murder
of Nisar Baloch,
a Shehri activist
Events leading to the murder
of Nisar Baloch, a Shehri activist
INDEX
Narrative
Annexures
1. CDGK’s National Park brochure
The Narrative
Gutter Baghicha is a 120-year old amenity sewage farm
and sewage treatment plant on the Manghopir Road in
Karachi. After 1947, over 55% of the land was
encroached upon for non-amenity use (katchi abadis,
industries, workshops, etc). Since 1993, local residents
and environmental activists have been trying to
safeguard the rest of the amenity area and have a public
park established thereon.
Two local activists, Nisar Baloch and Nadir Baloch, members of the Gutter Baghicha Bachao Tehreek,
have been shot and killed after they protested in the press and led public demonstrations. No action has
been taken yet to remove the encroachers or to prosecute individuals who have made public threats
against the concerned activists, although federal and provincial authorities and politicians are aware of
the entire scam.
1. Since 1993, local residents and environmental NGOs have been trying to save
what is left (about 430 acres) of the original 1016 acres of Gutter Baghicha
(GB), a 1890 amenity sewage farm, which includes Sewage Treatment Plant
No.1, on the Manghopir Road. The main controversy was the allotment of 200
acres to the KMC Officers’ Cooperative Housing Society (KMC-OCHS), and
additional plots proposed to be converted to other such non-amenity uses.
Numerous cases have been fought in the Supreme Court (SC) and Sindh High
Court (SHC) over the past 16 years, until finally Suit 1484/2008 (filed by
Ardeshir Cowasjee, Abdul Sattar Edhi, Shehri and area residents, including
Nisar Baloch of Gutter Baghicha Bachao Tehreek (GBBT) against City District
Government Karachi (CDGK), KMC-OCHS, etc), which requires recording of
evidence, is pending in the SHC.
At the land-grab site, construction of over 100 houses was underway within
the National Park area under the protection of armed men. The EDO
(Revenue), who had a police guard, warned all members of the inspection
party not to approach the construction as the situation was fraught with
danger. He agreed to go back and assemble the necessary force to eject the
encroachers (see news-item dated 16-7-2009 attached as Annexure-6). The
EDO, however, did nothing.
6. In view of the public pressure to save the Park/GB, about 1½ months after
the invasion/land-grab, a Resolution # 544 dated 29-7- 2009 (copy attached
as Annexure-7) was passed by the City Council, under the stewardship of Naib
Nazima Nasreen Jalil, providing plots to persons who had allegedly been
displaced when Hasrat Mohani Colony (one of the katchi-abadis established
on GB around the 1960s) was regularized in 1981/82.
7. This new CDGK City Council Resolution is supposedly based on old KMC
Council Resolution No.336 dated 3-5-1981 (copy attached as Annexure-8).
“That I say that the contents of Para 8 of the Application under reply are false
& fabricated. The land, as alleged, is a part of approved net work of old
settlement namely Hasrat Mohani Colony, which is under the cover of MLO-
110 Defunct KMC (Now CDGK) vide Resolution No: 336, dated: 03-05-1981,
had declared therein that 50% effectives of approved Plan be settled down on
priority basis in the same vicinity on open spaces. The affected squatters
were existing in-haphazard and un-planned manner prior to 1978. The City
Council after realizing the ground realities & in terms of Corporation
Resolution No: 336 dated 03-05-1981 approved their re-allocation
resettlement on the un-used open CGDK spaces in a planned manner vide
their Resolution No. 544 dated 29-07-2009 (Copies of Corporation Resolution
No: 336 dated 03-05.:1981 & City Council Resolution No: 544 dated 29-07-
2009 are attached at Annex G & H respectively). No. Amenity of what so-ever
nature is disturbed or otherwise is affected by this regularization as Katchi
Abadi, the said old settlement is also separated from the alleged Amenity net
work”.
Interestingly, the land-grab is being justified by CDGK on the basis that, after
27 years (!!!), the affectees of the 1981/82 regularization adjustments are
being settled on the space adjacent to Hasrat Mohani Colony. Can this be
substantiated with detailed documentation, “affectee” lists and regularization
maps from 1981/82, and is this allotment in accordance with law?
On leaving the meeting early, the SITE Town Nazim openly threatened “Hum
tum ko dekh lein gay” (translation: We will fix all you guys!)
Shehri wrote a letter the next day (copy attached as Annexure-9) confirming all
the points discussed, including the threat. No action has yet been taken
against the Town Nazim.
in Annexure -11. It will be noted that the top part of the Park has been
reduced significantly to accommodate the political jiyalas’ ENCROACHMENT-
1. Thus, the collusion of CDGK officials with the politically-patronized
encroachers is obvious.
11. The above sequence of events is an elaborate fraud and a blatant attempt by
CDGK officials and the two Nazims to provide a legal cover to a criminal act of
amenity space land-grabbing by party loyalists.
12. This can be confirmed by obtaining answers to the following questions from
the CDGK & SITE Town administrations, and Police:
12.1 Provide list of persons (with NICs) who have been allotted land in GB,
adjacent to Hasrat Mohani Colony, under City Council Resolution #
544 dated 29-7- 2009?
12.2 Provide detailed official CDGK plot layout map of this new colony and
list of plots allotted.
12.3 Where have these new “allottees” been living for the past 27 years
(1982 - 2009)? Provide copies of their utility bills.
12.5 Which of these “affectees” were provided alternative plots at that time
(1981/82)? Provide list of plots (with “allotees” NICs).
12.6 Provide Hasrat Mohani katchi abadi layout plans before and after
regularization in 1981/82 (including those that were referred to in
KMC Resolution No 336 dated 3-5-1981).
12.7 How did all these “allottees” now start building their houses at the
same time, and at such a fast pace? (This is the mark of a land-
grab.) Why do they have armed guards protecting them? After all,
allegedly only 27 years ago they were residing next door in Hasrat
Mohani Colony? Shouldn’t they have relatives and friends there?
Provide list of such relatives/friends.
12.8 Have the CDGK allotment letters, lease documents and other
formalities been completed for the simple, poor “allottees”? How was
this done so quickly? Other lessees in Karachi are not so fortunate.
12.9 Have the “allottees” obtained approval of their building plans from
KBCA? If so, provide copies of approved plans and approval letters. If
not, why are they being allowed to construct in violation of law?
Events leading to the murder
of Nisar Baloch, a Shehri activist
12.10 How have simple, poor “allottees” (allegedly ex-Hasrat Mohani Colony
residents) managed to obtain KESC, KWSB and SSCL connections so
fast? Utility companies take years to supply new abadis. Who is
supporting them?
12.12 Under what law is CDGK allowed to allot plots in an amenity sewage
farm plot? Does the City Council’s Resolution # 544 dated 29-7-2009
not need approval by the provincial government?
Was he not aware that one month earlier, on 27-7-2009, the City
Council had gifted CDGK amenity land (of which he is in charge) to
these “allottees”?
Or did he realize that the land-grab had started before the passing of
the City Council’s Resolution of 27-7-2009 (he had witnessed the
encroachment on 15-7-2009 when he visited the site with Ardeshir
Cowasjee, Senator Nisar Memon, and Shehri/GBBT) and was
consequently fraudulent?
12.14 Why did the SITE Town Nazim, Izhar-ud-din on 26-8-2009 at the
Special Home Secretary’s office state that land was allotted by the
CDGK, that he knew nothing about this occupation at National Park
in GB, and was not connected with it? Yet, as he left the meeting
early, he threatened “Hum tum ko dekh lein gay!”
12.15 Why has the DIGP (West) Abdul Majeed Dasti accepted the
encroachers’/land-grabbers’ story when he is aware that the land-
grab (and the FIR lodged by his own police officials, Annexure-3) took
place in end-June 2009 (one month before the City Council
Resolution # 544 dated 29-7-2009)?
13. On 6-11-2009 afternoon, GBBT’s Nisar Baloch held a press conference at the
Karachi Press Club, naming the City Nazim and the SITE Town Nazim as
sponsors of the encroachment in National Park in GB, and appealing to the
Events leading to the murder
of Nisar Baloch, a Shehri activist
government and the CJ SC to take action to preserve the amenity space (see
news-clipping dated 7-11-2009 attached as Annexure-12).
14. At around 9:30 am on 7-11-2009, Nisar Baloch was shot and killed on Love
Lane Bridge crossing the Lyari River (copy of FIR #331/2009 dated 7-11-2009
is attached as Annexure-13). No one has been arrested to date.
15. On 7-1-2010, Nadir Baloch, who took over the responsibility of GBBT, was
also shot and killed. Again, the killers are roaming free.
“Land encroachment has also taken an ethnic bent. For 60 years, Sindhis
have found themselves progressively becoming a minority in their own capital
city. Now the descendants of the original Mohajirs are worried about the influx
of Pashtuns into Karachi and their growing political power (in last year’s
elections the ANP won two seats in the MQM’s stronghold). The MQM has
under way a variation of Lebensraum (the 20th century Nazi scheme to
resolve potential demographic problems and defend the German race against
stagnation and degeneration) which it is hoped will create vote-banks.”
19. It is imperative that the provincial government takes immediate action to:
9 Remove the encroachers and their encroachments from National Park and
Gutter Baghicha
9 Prosecute the killers of Nisar Baloch and Nadir Baloch
Annexure-1
FIR No: 156/2009 Police Station Pak Colony
FIR NO. 156/2009
POLICE STATION: ‐ PAK COLONY
Town/District: ‐ Liaquatabad Town, Karachi
Pak Colony
Date and Time of Report: 30‐06‐2009 Date and Time of Occurrence: 30‐06‐2009
AT : 10:00 HOURS At: 09:15 HOURS
Name of Complainant and Address: SIP Raja Riasat Ali, P.S Pak Colony, Liaquatabad
Town, Karachi on Behalf of Government/
State
Nature of Offence with Sections of Law: U/S 447/34 P.P.C. Illegal Possession of
Government Land.
Place of Offence and Distance from Police Station: Behind Degree College Asifabad, Gutter
Baghicha distance is one kilometer from
Police Station.
Regarding the Investigation of Case reasons of The investigation of this case will be conducted
Delay if Any in Recording the FIR: by Station In‐charge Officer of Investigation
wing of this police station
SD/‐
Sub Inspector Police: Raja Riasat Ali
Rank Signature
First Information Report May Be Recorded Below:
I, SIP Raja Riasat Ali, with Staff PC Karamat B. No: 14871, PC Muhammad Aijaz No: 5856 and DPC
Muhammad Afzal in a Govt. Vehicle left for patrolling. Did patrolling in the Illaqa/Area and at 0915 hours
when arrived near Degree College, Asifabad, Gutter Baghicha, saw that some persons are digging
government land for the purpose of illegal possession. They were asked to produce documents about
ownership of this land which they could not produce. They were enquired of their names which they
disclosed as:
1. Sharyan‐Ullah S/O Abdul Samad
2. Raheem‐Ullah S/O Zar Faheem
3. Malook S/O Ghulam Mustafa
4. Bolan S/O Gul Raheem
5. Azeem Jan.
In the mean time a SPO Gulbahar, DSP Tariq arrived and directed for action. The above accused were
informed about their offence and arrested. The arrested accused persons disclosed owner and contractor of
this land is Muhammad Jawaid S/o not known who ran away after seeing police party. The case is registered
against arrested and absconded accused persons. The arrested accused are handed over to S.I.Q (Station In
charge Officer) – Investigation wing for the purpose of investigation and action.
SD/‐ SD/‐
SIP Raja Riasat Ali SIP Raja Riasat Ali
Complainant Police Station Pak Colony
Karachi
Annexure-4
Annexure-5
Annexure-6
(Translation of Annexure-6)
Daily AWAM
(July 16, 2009)
Unauthorized constructions on the land of Gutter Baghicha may be stopped
Nisar Memon
Every sort of efforts will be made on each level, addressed by Nisar Baloch and others.
Nisar A Memon former, Minister of Information and Broadcasting Government of
Pakistan, impressed upon Syed Qaim Ali Shah Chief Minister Sindh and Dr. Ishrat‐ul‐Ibad
Governor of Sindh that they may gear up their efforts and stop illegal possession and
construction on the Amenity Park (Gutter Baghicha).
The outsiders and immigrants have no right to take possession on the land of ancient
people of this area on Trans Lyari, Gutter Baghicha Park land.
He disclosed this in the public meeting regarding Gutter Baghicha Park Bachao
Programme held on Trans Lyari, Old Golimar.
He advised the people to remain peaceful and should not take law in their hands. They
will not only gear their efforts for the safeguarding of 480 acres amenity land of Gutter
Baghicha but will start legal tug of war. He demanded from Chief Justice of Pakistan
Chaudhry Iftikhar Ahmed that he may take SUO MOTO notice regarding illegal
possession on the amenity park of Gutter Baghicha and arrange to stop construction.
Nisar Baloch and Qadir Baloch also addressed the gathering. Before this meeting Nisar
Memon along with Roland deSouza, Tahir Swati, Nisar Baloch and Nadir Baloch visited
the site of amenity park Gutter Baghicha.
Annexure-7
(Translation of Annexure-7)
City District Council, CDGK session held on 29th July, 2009 and passed following resolution.
Sub: Resolution regarding provision of Ownership Rights to victims of Mohani Colony SITE
town according to map of Katchi Abadi Act 1987.
Hasrat Mohani colony is located on the land of CDGK and its previous map was recommended
in Resolution NO: 336 dated: May 3rd, 1981. On the other hand after independence people
started residing at this colony which was illegal according to the Rules. But later on during the
Planning and Survey the occupants were shifted from their and allotted with alternate plots
under the light of above Resolution. Residents of this area shifted to Hasrat Mohani Colony
shifted at vacant plots without Government’s help at their own. Even than they had not been
given the owner ship rights instead amendments were made in the map. This land belongs to
Municipal Corporation at that time and presently it belongs to CDGK and it is not the part of
amenity space or any planning. In this regard the victims consulted the local representative to
drive their attention towards this 28 years old issue. Even the previous government had not
delivered the ownership rights to 50% of residents.
So City District Council, CDGK today in this session of Sindh Katchi Abadi under the
“REGULARIZATION IMPROVEMENT AND DEVELOPMENT REGULATION 1993 and previous
council Resolution No: 336 dated: May 3rd, 1981 announces to deliver the ownership rights to
50% residents Hasrat Mohani Colony and direct the Katchi Abadi department of CDGK to
deliver the ownership right according to the Katchi Abadi Act 1987.
Gufran Ahemd
District Officer
City District Government
Karachi.
Annexure-8
(Translation of Annexure-8)
Reference Commissioner letter no. D.K.A/ 516/81 dated 25-4-1981 which is reproduced as
under:-
The following area been declared as Katchi abadi under Martial Law Order No:- 110
1- Muahmmadabad (Gulbahar
2- Hasrat Mohani Colony
3- Walayatabad Colony
4- Qasimabad
Their lay out plans have been prepared in which the following plots are specially shown:-
A. Mehfooz for residential purpose (up gradation and payment at the time of possession)
B. Mehfooz for Social welfare purpose
C. The Portion of plots in (A) are reserved for roads and other welfare works
Necessary objection were called on all plots. In reply 144 objections were received. Director
Katchi Abadi presented with his recommendations before Katchi Abadi Committee.
The Katchi Committee with their resolutions Number 9 dated: 23-4-1981 submitted to Baldia
Uzma with the following Recommendations:-
Katchi in their first meeting dated: 14-6-1980 constituted a district (Zila) Committee unanimously
and nominated the following members:-
A) Illaqa Councilors
B) Officers of Director Katchi Abadi.
They were authorized to hear the objections on layout plans and to present their
recommendations. Therefore 144 objections were received from the following areas which were
produced before the Zeeli committee:-
Today’s meeting also submit recommendations that Government of Sindh has fixed lease rate
of Baldia Township wide Notification No:- 5.0(6) 1/90/76 Dated 31-12-1978 same rates may be
granted and sanctioned for Katchi Abadis of other areas.
In addition to above, the houses which are affected more than 50% due to above plan, may be
provided alternate place in the same area and the department may be directed to submit list
which brief details of such affected which alternative arrangement of their settlement planning
which will be present and discussed in the next session
It is requested that permission for grant of above plots and lease rate and the recommendations
of Katchi Abadi Committee regarding alternative pots may kindly be granted.
Signed by
Karachi Municipal Corporation in its today meeting accept and grant the recommendations
mentioned at Serial No.2, with amendment that the road leading through in between Tiber
Market Qasimabad which may be postponed for the purpose of Inspection and after
visit/inspection of Mayor, the matter will be presented before the House (Aiwan).
Copy to
1. Director Katchi Abadi (With file)
Signed 2. General department
3. Auditor, KMC
4. Information, Officer
Abdul Sattar Afghani 5. Accounts Officer
Mayor Karachi 6. Director, Land & Estate
7. Chief Engineer
Annexure-9
Annexure-10
Gutter Bagicha Layout
Submitted by CDGK to Sindh High Court Nazir during site inspection on 26-9-2009
Annexure-11
Comparative Layouts
of National Park
Annexure-11
Submitted by CDGK
in Supreme Court on
18-5-2005 & 18-2-2006
Submitted by CDGK
to Sindh High Court
Nazir during site
inspection on
26-9-2009
Annexure-12
(Translation of Annexure-12)
Daily AWAM
(November 7, 2009)
(Karachi,
Nisar Baloch Chairman NGO Alliance addressing at Press Club)
Government’s coalition party is involved in encroaching the Gutter Baghicha Park Land
- save 480 acres land of Gutter Baghicha
Amenity land is being converted into commercial plots - till date 2600 houses have been
built there
Chairman, NGO Alliance Nisar Baloch has appealed to the Chief Justice of Pakistan to
issue directives/orders to stop lawlessness/destruction and to protect of amenity land.
He also said that those who involved in this crime be brought to justice and punished.
On Friday during a press conference he said that Government coalition party is involved
in encroaching on Gutter Baghicha Park. This is the largest land scam in which
Muttahida Qaumi Movement (MQM) is directly involved. He said commercial and
residential plotting is continuing on precious amenity land of Gutter Baghicha Park
which worth of 9.6 billion rupees. He said that after 1st July 2009 about 2600 houses
have been built there and power connections are also being given to them.
Annexure-13
(Translation of Annexure-13)
At this time I, SIP Mian Khan according to Roznamcha Entry NO: 17 at 1120 hours
on 7-11-2009 of Police Station Soldier bazaar back from civil hospital after recording
statement which is reproduced as under :- from “Mortuary” Civil Hospital Karachi on
07-11-2009 at 1245 hours statement U/S 154 CrPc recorded of NooruDin S/O
Ahmed Baloch age 54 years R/O quarter No. 305 Noor Muhammad Village , Old
Golimar Karachi Phone No: 0333-2092266who stated that he is living on above
address and do business, His cousin Nisar Hussain Baloch S/O Mehmood Baloch
aged 49 years today on 7-11-2009 at about 0900 0r 930 hours left his house on his
Motor Cycle No: KDH-9690 for purchase of Newspaper because he on 6-11-2009 hold
and addressed Press Conference in Press Club, Karachi regarding “GUTTER
BAGHICHA” will read out its news item than at about 10.00 hours I received the