Important Cases Related to Abduction of Women & Children and Environmental Pollution etc. Fixed Before Hon’ble Chief Justice of Pakistan

From 2005 To 2010

Sr. No.

Case No.

Matter

Complainant/Action Taken upon

Notices Issued

Orders Passed by HCJ

Remarks/Grievance Redressed

 1.

S.M.C. No.3/2003

Environmental Pollution 

Muhammad Anwar Butt

Secretary Interior & Environment, Chief Secretaries of all Provinces, Provincial Transport Secretaries of all Provinces, DIG, Tarrif of All Provinces and Applicant. 

Court of HCJ

This Suo Moto action was taken against all the concerned authorities for emitting smoke by the Public Transport Vehicles i.e. Rikshaws, etc. On 23.05.2003 Notice were issued to all the concerned authorities. Last time this case came up for hearing before the Bench of Present HCJ on 30.06.2009. Whereby orders were passed for appointments of Chairman Environmental Tribunal along with Members u/s 20 of Pakistan Environmental Act,

 2.

S.M.C. 11/2005

Lost of Lives of Innocent Children due to Kite Flying

Action taken by HCJ on a Column Published in Weekly “Ghazwa”, Lahore dated 02.09.2005

Chief Secretary, Punjab, Attorney General and Advocates General of all the Provinces. In addition orders was also passed to invite view of General Public in this Behalf by publication through information Department 

Court of HCJ

This case was registered by the Order of HCJ. Last time it came up for hearing before the Bench of HCJ on 22.01.2007, whereby an application seeking permission to celebrate Jashn-e-Baharan (Basant) on 24th & 25th February, 2007 was dismissed. 

 3.

S.M.C. No.12/2005 a/w Const. Petition No.22/2005  

Abduction & Rape of Sonia Naz

(Suo Moto Case No.12/2005) Action taken by HCJ on a news item published in the Daily “The News”, Islamabad dated 30.08.2005

(Const. Petition No.22/2005) Filed by Ch. Muhammad Akram, AOR & Drawn by          Mr. Zulfiqar Ahmed Bhutta, ASC on behalf of Mst. Sonia Naz.

Chief Secretary and I.G. Punjab. 

Court of HCJ

This case was registered by the Order of HCJ and notices were issued to all the concerned. Last time this case came up for hearing before the Bench of HCJ on 14.11.2005. Whereby it was directed to concerned Court before whom challan was submitted to decide the case on merits independently without being influenced in any manner from instant proceedings.

 4.

S.M.C. No.1/2006  

Miserable Condition of Women in Jails

Action taken by HCJ on an application sent through post to the HCJ by two women Prisoners of Women Jail, Lahore regarding deplorable condition of Women in Jail.

Provincial Home Secretaries & Chief Secretaries of all the Provinces, I.G. Prisons and Superintendent Jail, Central Prisons, Lahore

Court of HCJ

This Suo Moto Action was taken by HCJ on an application sent through post to the HCJ by two women Prisoners of Women Jail, Lahore regarding deplorable condition of Women in Jail. This case lastly came up for hearing on 25.01.2006, whereby it was directed that services of lady health visitor shall be available during the working hours to the prisoners and a visit of lady Doctor once in a week will also be scheduled. In addition it was also directed to dispose of the criminal cases against lady in accordance with law but not more than period of six months. Social Welfare Department to conduct a survey as to whether the Children of female prisoners can stay with other relatives like father, etc instead of staying in Jail with a facility to visit their mother once a week for a period of 6 to 8 hours.   

    

 5.

S.M.C. No.2/2006

Pollution of Atomic Wastage Being Buried by Atomic Energy Authorities in D.G. Khan

Action taken by HCJ on an application sent through post to the HCJ by Jalal-ud-Din Akbar, District & Sessions Judge, D.G. Khan regarding pollution by Atomic Wastage being buried by Atomic Energy Authorities of D.G. Khan

Attorney General for Pakistan

Court of HCJ

This Suo Moto case was registered by the order of HCJ on an application sent through post by Jalal-ud-Din Akbar, District & Sessions Judge, D.G. Khan regarding pollution by Atomic Wastage being buried by Atomic Energy Authorities of D.G. Khan. This case lastly came up for hearing before HCJ on 29.03.2006, whereby DAG was directed to file reply in sealed cover and shall not be opened by anyone unless otherwise directed by this Court.

 

 6.

S.M.C.No.10/2006 a/w Const.P. No.16/2004, Crl.M.A. No.396/2005 (Press Clipping of Daily Assas)

CMA No.328 & 531/2006 and HRC 2473/2006 (Wanni Case of Mst. Farkhanda Akhtar r/o Pindi Sandrana, Hafazabad)

 

Custom of Wanni, Sawara & Sung Chutti

(Suo Moto Case No.10/2006) Action taken by HCJ on a news item published in the Daily “Nawa-e-Waqat”, Rawalpindi dated 15.06.2006 (Action against Mir Hazar Khan Bajarani, Member of Jirga)

(Const. Petition No.16/2004) Filed by Ejaz Muhammad Khan, AOR & Drawn by          Syed Mansoor Ali Shah, Sr. ASC on behalf of Samar Minallah & others.

Notices to notables through DPO, Jacobabad, Mir Hazar Khan Bajarani, Yar Ali Bangalani, Hafiz Qamra-ud-Din Bangalani, DPOs Jacobabad and Kashmore

Court of HCJ

All these cases were registered by the order of HCJ. These cases lastly came up for hearing before the Bench of HCJ on 03.09.2007 and counsels for the petitioners in Const. P. No.16/2004 and SMC No.10/2006 contended that committees already constituted by this Court dated 24.04.2006 may be directed to discharge their functions affectively and order was passed accordingly by the Court.

 7.

S.M.C. No.1/2009

Whipping on a 17 years old Girl in public on a Charge that She went out from her Home with a “Namahram”

Action taken by HCJ upon news telecasted on Geo News TV Channel on 03.04.2009 regarding Whipping on a 17 years old Girl in public on a Charge that She went out from her Home with a “Namahram”

Secretary Interior, Govt. of Pakistan, Chief Secretaries Govt. of NWFP, I.G. NWFP

Court of HCJ

This case was registered as Suo Moto by the order of HCJ. Last time this case came up for hearing before the Court on 06.04.2009, whereby I.G. NWFP stated that an FIR has been registered but it is not known exactly as to where the incident of flogging had taken place and Secretary Interior Chief Secretary & I.G. NWFP was directed to submit the fortnightly report to the Registrar for their perusal in Chambers. In this regard last fortnightly report was submitted on 08.06.2009, whereby it was stated that due to Military Operation and curfew in the area police cannot perform its routine functions of preventing and investing crime and as such there is no chance to communicate with the people. Progress achieved in this case after lifting of curfew and completion of operation would be submitted.                                                                                                                  

 8.

S.M.C. No.3/2009  

Destruction of Forest and Illegal Acquisition of Land by DHA & Bahria Town

Action taken by HCJ on an application sent through post to the HCJ by Muhammad Ismail resident of Rawalpindi regarding Destruction of Forest and Illegal Acquisition of Land by DHA & Bahria Town

Tehsildar & DCO, Rawalpindi and Secretary DHA, Rawalpindi

Court of HCJ

This case was registered as Suo Moto by the order of HCJ. This case lastly came up for hearing before the Court on 04.05.2009, whereby the matter was referred to Ombudsman of the Province of Punjab, so he may conduct a thorough inquiry after visiting the site and examining the Revenue Record and submit report. Consequently, a compliance report from Ombudsman has been received in which it has been stated that on the basis of perusal of the relevant record, site visit and personal hearing, the allegations in the complaint are not substantiated. No forest trees are being cut from forest land at the moment. Forest Department deprived of 1170 kanals of land by M/s Bahria Town way back in September, 2005 has already been compensated. As regard illegal acquisition of land by DHA, writ petitions are pending in the Lahore High Court, Rawalpindi Bench Rawalpindi, which need to be decided on priority

 9.

S.M.C. No.23/2009  

Suo Moto Action regarding Half Pension of Widows of Retired Govt. Servants

 

On an application of Zubaida Yasin Wd/o Muhammad Yasin Chaudhary

Attorney General, All the four Provincial Advocate Generals

Notices issued by the orders of the HCJ.

Notices were issued to all the concerned regarding fixation of the case on 03.12.2009 but the case could not reach its turn and is still pending.

 10.

S.M.C. No.25/2009

Suo Moto Action regarding cutting of trees at Canal Widening Project Lahore

On a news item published in Daily News, dated 26.11.2009.

The Chief Secretary, Govt. of Punjab, The Advocate General, Punjab, Secretary Environment, Punjab

Notices issued by the orders of the HCJ.

The matter initially came up for hearing before the Court on 01.12.2009 and the Govt. of Punjab was restrained from chopping/cutting of trees and the Chief Secretary was required to implement the said order. This case lastly came up for hearing before the Court on 19.04.2010 and was adjourned to a date in office.

 11.

Const.P.69/1996
 

 

For release of Forced Agricultural Labour, Haris and Bonded Labour including Women & Children detained by some of the respondents in this case in private jails situated in Sindh.

 

 

The case was registered under Article 184(3) of the Constitution on behalf of the petitioner namely Abdul Hafeez Qureshi

Attorney General for Pakistan and Advocate General, Sindh.

Notices issued by the orders of the Court.

This case lastly came up for hearing before the Larger Bench of this Court presided by the HCJ on 09.03.2007 and was adjourned to a date in office for the reasons mentioned in the application for adjournment. Current status of the case is pending.

 12.

Const.P.29/2005
 a/w Const. Petition No.10/2006

Environmental Pollution in Kahoon Valley

The case was registered under Article 184(3) of the Constitution on behalf of the petitioner namely Pakistan Environmental Association and others

No notice to Attorney General for Pakistan or respective Provincial Advocates General were issued in this case except notices to the counsels for the petitioners as well as respondents i.e. Provincial Environmental Protection Agency etc

Fixation notices.

This case lastly came up for hearing before the Bench presided by the HCJ on 14.04.2010 and the same was dismissed on the ground that on the same issue, petitioner has also invoked jurisdiction of the Lahore High Court, Lahore under Article 199 of the Constitution where case of the petitioner was dismissed as withdrawn, therefore, this Constitution Petition U/A 184(3) is not entertainable before this Court.

 

 13.

Crl.A. No.163/2005, etc along with S.M.C. No.5/2005, etc

Mukhtaran Mai Rape Case 

This case was filed by the State through Rao Muhammad Yousaf Khan, AOR against the impugned order dated 03.03.2005 in Crl.A. 60/2002 of Lahore High Court, Multan Bench.

Advocate General, Punjab, Deputy Prosecutor General, Punjab

Fixation notices

This case along with other connected cases have been lastly fixed on 10.05.2010 and were adjourned. The order is still awaited.

 14.

C.P. No.103-P/2010

Recovery of Dowery Amount since last 40 years

This case was registered on behalf of the petitioner namely Mst. Saedaq Sultan

Notices to respondents.

Fixation notice

This case lastly came up for hearing before the Bench presided by Mr. Justice Raja Fayyaz Ahmed on 17.03.2010 whereby it was directed that copies of preliminary decree, plaint, amended plaint and this order for compliance be transmitted to Tehsildar for the purpose. Compliance reports after completion of the process be sent to the Officer Incharge of this Court, Branch Registry at Peshawar for our perusal in Chambers.

 15.

S.M.C. No. 10/2009

Suo Moto Action against Makro Habib, Pakistan Ltd. On account of establishing a commercial hyper store on "WEBB" play ground.

Upon a news column dated 14.06.2009 published in Daily Dawn, Islamabad written Ardeshir Cowasjee

To all parties in Constitution Petition D-No.1740/2007.

Notices issued by the orders of the HCJ.

This case lastly came up before the Bench presided by the HCJ on 20.10.2009 which was disposed of vide said order and now three separate Review Petitions have been filed against the impugned order dated 20.10.2009. These Review Petitions initially came up for hearing on 17.03.2010 before the Bench presided by the HCJ in which status quo was maintained.

 16.

Const.P.36/2005

Conversion of General Public Park into Golf Club, F-7 Park

This case was registered under article 184(3) of the Constitution by the order of the HCJ

Notice to respondents

Notices issued by the orders of the Court.

In this Constitution Petition it had been prayed that this Court may graciously suspend the operation of impugned lease agreement published in the Daily News dated 08.12.2005 of 5 Acres of prime land situated in Sector F-7, Islamabad signed by the respondent No.1 and 2 for the purpose of running the project of mini golf course as the said land was reserved for general public park in Section R-7 Islamabad. This case lastly came up for hearing before the Bench presided by the HCJ on 07.02.2006 and the same was allowed.