ISLAMABAD: The Supreme Court’s newly formed constitutional bench began its proceedings on Thursday, seeking reports from all four provinces on actions taken to combat air pollution amid the prevailing smog situation. The seven-member bench, formed last week under the 26th Amendment, is headed by Justice Aminuddin Khan, appointed by a majority vote of seven to five by the Judicial Commission of Pakistan (JCP).
Due to the unavailability of the seventh judge, Justice Ayesha A Malik, a six-judge bench was constituted, prioritizing the oldest cases. The bench, comprising Justices Amin, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hassan Azhar Rizvi, Musarrat Hilali, and Naeem Akhtar Afghan, is set to hear 18 rights cases today.
As Punjab residents suffer from hazardous smog, with Lahore ranking highest on pollution charts, the Lahore High Court has sought a long-term policy to control smog. The constitutional bench resumed hearing a 2007 case on environmental pollution in Islamabad, its first on the issue, and sought reports from all four provinces on measures taken to combat pollution, adjourning the hearing for three weeks.
During the hearing, Justice Mazhar stated the bench would review all matters related to the environment. Justice Hilali lamented the construction of housing societies across the country, while Justice Mandokhail highlighted that environmental pollution is a nationwide issue, with vehicle emissions being a major contributor. Justice Afghan noted the disappearance of farms due to housing societies and called for farmer protection.
Referring to the ongoing smog crisis in Punjab, Justice Mandokhail said, “Look at Punjab’s situation. It’s visible to everyone.” He also pointed out similar conditions in Islamabad a few days ago. Justice Mazhar questioned the role of the Environmental Protection Agency, noting the matter had been ongoing since 1993 and must be resolved. Justice Mandokhail stressed the entire country faces a serious environmental issue, claiming something mixed in petrol causes pollution. Justice Hilali mentioned poultry farms and marble factories in Mansehra, noting that pollution has affected beautiful locations in Swat.
The bench sought reports from each province on actions taken against environmental pollution and adjourned the hearing for three weeks at the request of the additional attorney general.
The constitutional bench resumed a 2007 hearing of a public petition against pollution caused by industrial units in Islamabad’s Sectors I-9 and I-10. The petitions, filed by Nazir Ahmed and other residents, highlighted environmental degradation causing asthma, respiratory infections, allergies, and heart ailments due to industrial units, especially steel furnaces and marble units, in the Federal Capital Industrial Estate.
In 1993, the Capital Development Authority (CDA) developed a negative list of undesirable industrial plants in the industrial estate, encouraging them to switch trades without charging the normal fee. Earlier reports indicated that 1,500 tonnes of effluents from various industries were polluting underground water daily. Around 500 factories in the I-9 and I-10 industrial estates were causing water and air pollution, including steel melting furnaces, re-rolling mills, flour mills, oil and ghee mills, marble cutting and polishing units, metalworking and engineering units, and more.
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