KARACHI: A sessions court has advised the Sindh government to expedite the establishment of special courts under the Sindh Mines and Minerals Governance Act (SMMGA), 2021, to ensure smooth implementation of the law and timely handling of mining-related cases.
The recommendation came from Additional District and Sessions Judge (Malir) Liaqat Ali Khoso while allowing a revision application that set aside a magistrate’s earlier order dismissing a direct complaint filed by an official of the Mines and Minerals Department. The complaint pertained to alleged illegal mining of mouram, an offence punishable under Section 27 of the Act.
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In his detailed order, Judge Khoso observed that delays in establishing special courts were hindering the enforcement of the SMMGA. He directed the Sindh government to issue the necessary notification under Section 38 of the Act “as soon as possible” to operationalise these courts in all divisions of the province. Until such courts are established, the judge ruled that magistrates may continue to handle such cases within their jurisdiction.
The court criticised the magistrate’s “cardinal error” in misinterpreting the law, clarifying that while Section 37(1) bars ordinary courts from conducting trials under the Act, it does not prevent them from taking initial cognisance, recording statements, or issuing process to initiate proceedings. The ruling emphasised that halting action until the establishment of special courts would create a “jurisdictional vacuum,” effectively allowing offenders to evade justice.
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Judge Khoso noted that criminal justice must remain continuous, urging lower courts to ensure that evidence is preserved and procedural timelines are not violated. He reiterated that ordinary courts should handle preliminary proceedings until the special courts for mines and minerals become functional.