SC constitutional bench takes up 18 cases on first day, disposes of 16

Led by Justice Aminuddin Khan, the Supreme Court constitutional bench took up 18 cases on Thursday, the first day of its working, and disposed of 16 of them while two others were adjourning, reported 24NewsHD TV channel.

The constitutional bench, formed after the passage of the 26th constitutional amendment, on the very first day of its working, directed the federal and provincial governments to submit a report detailing the steps it had taken so far to deal with the issue of environmental pollution in three weeks.   

A six-member constitutional bench, headed by Justice Ameenuddin Khan, and comprising Justice Jamal Mandokhel, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, Justice Hassan Azhar Rizvi, and Justice Naeem Akhtar Afghan, heard the case related to environmental pollution.

Justice Mandokhel remarked that the effects of environmental pollution were not hidden from anybody and that the government had done nothing to deal with the issue. “There is so much smog in Punjab that one can hardly see anything,” he added.

Justice Afghan said it was unfortunate that there was a mushroomed growth of DHAs and other housing societies in the country. “These societies have been built on green fields. Why don’t we erect small apartments?” he questioned.

Justice Muhammad Ali Mazhar recalled that former chief justice of Pakistan (CJP) Justice Naseem Hassan Shah had been told that the government planned to build an industrial zone in Islamabad. “Why does not the Environmental Protection Authority play its role?” he questioned.

Justice Mandokhel said that Islamabad was not the only city, which was confronting pollution. “In fact, the entire country is in its grip.”

The smoke emitted by vehicles, the judge went on to say, was the greatest contributor to smog. “What steps the government has taken to prevent the emission of smoke?”  

Justice Musarrat remarked that the problem could not be solved by sitting in drawing rooms. “One has to go out in the open to know the seriousness of the problem.”

Later the court adjourned the case’s hearing for three weeks.

Petitions disposed of

The plea to reschedule the general elections in 2024 was dismissed as ineffective.

The review petition against the appointment of Qazi Faiz Isa as the Chief Justice of the Balochistan High Court was also disposed of. Justice Musarrat Hilali remarked that Qazi Faiz Isa has retired, now leave him alone.

On the first day, the constitutional bench fined the petitioners Rs60,000 for filing baseless cases.

The petition against the legislation done by the previous PDM government was dismissed with a fine of Rs20,000.

The petition to ban the marriage of government officials with foreigners was dismissed with a fine of Rs20,000 to the petitioner.

Justice Muhammad Ali Mazhar said, can a civil servant be prevented from marrying a foreigner? Justice Musarrat Hilali said, "If somewhere in the Holy Quran, marrying foreigners is prohibited, tell me."

The SC bench fined Rs20,000 to the applicant regarding a plea against assets and foreign bank accounts.

Justice Jamal Mandokhel remarked that it is the job of the Parliament to legislate.

Reporter: Amanat Gishkori