SC constitutional bench dismisses 15 cases on first day

Author: Agencies

A constitutional bench of Pakistan’s Supreme Court concluded hearings in 18 cases, dismissing 15 petitions deemed frivolous and imposing fines totalling Rs60,000 to deter further baseless litigation.

The bench, led by Justice Aminuddin Khan, included Justices Jamal Mandokhail, Muhammad Ali Mazhar, Musarrat Hilali, Hasan Azhar Rizvi, and Naeem Akhtar Afghan, Express News reported.

The court imposed fines on petitioners to discourage unnecessary cases from burdening the judiciary. Justice Muhammad Ali Mazhar remarked that allowing such petitions could lead to excessive litigation, while Justice Jamal Mandokhail noted that similar baseless cases contribute to the backlog of over 60,000 cases.

Among the dismissed cases was a petition seeking to ban marriages between Pakistanis and foreign nationals, for which the court fined the petitioner Rs20,000.

Another petition challenging legislation from the previous government and one concerning foreign assets were also dismissed, each incurring a Rs20,000 fine.

The court postponed hearings in three other cases, including a petition challenging the appointment of Arif Alvi as President. The court issued a re-notice to the petitioner after failing to confirm the initial service of notice. Justice Mandokhail suggested that fines are essential in discouraging unfounded lawsuits. Also, the bench resumed hearing a 2007 case pertaining to environmental pollution in Islamabad. The bench sought a report from all four provinces on measures they have taken to combat pollution and adjourned the hearing for three weeks. At the outset of the hearing, Justice Mazhar said the bench would review “all matters related to the environment”. “Housing societies are being constructed at all places across the country,” Justice Hilali lamented.

The bench recalled that a letter was written to former chief justice of Pakistan Nasim Hasan Shah to declare Islamabad an industrial zone.

At this point, Justice Mandokhail highlighted: “Environmental pollution is not just Islamabad’s issue but the entire country’s.” He noted that the smoke emitted by vehicles was a “major reason” for the pollution. “Are efforts being made to prevent smoke?” the judge asked. Justice Afghan observed that farms were vanishing “because of housing societies”, and ordered that farmers be provided with protection. “The nature has given us a fertile land but everyone is hellbent on destroying it,” he remarked. “What are you leaving behind for your future generations?”

Here, Justice Mandokhail, referring to the ongoing smog crisis in Punjab, said: “Look at Punjab’s situation. It’s visible to everyone.” He further highlighted there were “similar conditions” in Islamabad as well a few days ago.

“Why is the Environmental Protection Agency not playing its role?” Justice Mazhar asked, noting that the matter had been ongoing since 1993 and “must be ended now”.

Justice Mandokhail stressed the entire country was facing a “serious environmental issue”. “Something is mixed in petrol that causes pollution,” he claimed.

Justice Hilali said there were poultry farms and marble factories at various points in Mansehra, noting that “a few beautiful locations in Swat have become victims of pollution too”. Subsequently, the bench sought a report from each of the provinces on actions taken on environmental pollution.

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