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Khawaja Zaheer Ahmed - PDMA

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6) As regards the presentation by the Sindh<br />

representatives, its record and oral evidence had<br />

been thoroughly examined by the Commission. It also<br />

took note of depositions of 82 witnesses examined by<br />

the Sindh Commission, consisting of two former<br />

Hon’able Judges of the Sindh High Court that<br />

undertook areal & on-site inspections of the breached<br />

bunds. While the SJC exclusively focussed on the<br />

impact of flood devastations within the Sindh Province<br />

only, it discarded oral testimonies of key officials and<br />

public witnesses on account of certain material events<br />

of actual breach of Tori Bund. These were attributed<br />

to twin causes of ‘heavy rain’ which was not there<br />

and high-flood waters, after cross verification by<br />

official weather data regarding downpour, cited in an<br />

earlier part of this Report, invoked as an alibi for<br />

insufficient response, absence from the breach site at<br />

critical hour and returning of the CE Guddu without<br />

getting down from his Jeep. The SJC had also noted<br />

adequate material to conclude years of individual and<br />

collective lethargy, negligence, or both since 1995 as<br />

also during the pre-flood phase of 2010. Under the<br />

PPC ‘an act includes omission, where there is<br />

duty to act’. The bunds generally and Tori, MS and<br />

PB Bunds, in particular had not been maintained upto<br />

requisite state or height, is also established by pre<br />

and post-flood official proceedings of the IRC’s<br />

meetings wherein against schemes [no 2.a, of the<br />

meeting 4 th February for Rs.81.572 million and<br />

item 85 for Rs.103.727 million, dated 14 th October,<br />

2010] worth over Rs.61 billion were considered. That<br />

Page 142 of 211

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