ISLAMABAD: A six-member constitutional bench of the Supreme Court has sought climate change reports from provincial governments. The bench, headed by Justice Aminuddin Khan, began hearing a petition on environmental pollution on Thursday. Other members of the bench include Justices Jamal Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Naeem Akhtar Afghan, and Musarrat Hilali. This marks the first environmental pollution case brought before the constitutional bench, which intends to address various environmental challenges. Justice Muhammad Ali Mazhar pointed out that the rapid development of housing societies is harming the environment, while Justice Musarrat Hilali referred to a letter from Justice Nasim Hasan Shah raising concerns about Islamabad turning into an industrial zone. Justice Jamal Mandokhail emphasized that pollution is a national issue, not confined to Islamabad, and identified vehicular emissions as a significant contributor. He also questioned the measures taken to mitigate this problem. The bench has directed federal and provincial governments to submit comprehensive reports on their anti-pollution initiatives. Following a request from the Additional Attorney General, the hearing was postponed for three weeks, with the reports due by that time. Justice Mandokhail expressed alarm over the visible effects of pollution, such as Punjab's dense smog, and criticized the insufficient environmental protection measures in place.
A bench led by Justice Amin-ud-Din Khan is scheduled to hear 34 cases listed for November 14 and 15. Eighteen cases are set for hearing today, while the remaining 16 will be taken up on Friday.
The constitutional bench, headed by Justice Khan, includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Musarrat Hilali, and Naeem Akhtar Afghan. Due to Justice Ayesha A. Malik’s unavailability on these dates, a committee decided to form a bench comprising the available judges to proceed with the cases.
Among the matters under review are environment-related cases, some pending since 1993. The bench also addressed a review petition filed by Advocate Riaz Hanif Rai, challenging the dismissal of a case against the nomination of Justice Qazi Faez Isa as Chief Justice of the Balochistan High Court. Additionally, the bench heard a plea seeking to reschedule the 2024 general elections to February or March.
Other cases included petitions calling for the disqualification of lawmakers with foreign business interests and assets, a ban on government servants marrying foreign nationals, and suo motu cases initiated by former Chief Justice Isa regarding the use of Islamabad’s Convention Centre for private events.
During proceedings, the Supreme Court dismissed the petition challenging Justice Qazi Faez Isa’s appointment as Chief Justice of the Balochistan High Court. The petitioner referenced the Bhutto case, which was reopened decades later, as a precedent. However, Justice Mandokhail clarified that the matter was a review petition and the original case could not be revisited. Justice Hilali urged the petitioner to focus on legal arguments rather than political rhetoric, stating, "Leave Qazi Sahib alone."
Justice Amin-ud-Din questioned the requirement for consultation with the chief minister in such appointments. The petitioner’s lawyer admitted to lacking records but suggested they could be obtained from Balochistan. Justice Mandokhail recommended referring similar cases to the Pakistan Bar Council. Ultimately, the bench dismissed the review petition.
