Cases Related to Abduction of Women & Children and Environmental Pollution

Sr. No.

CaseNo.

Matter

Complainant/Action Taken upon

NoticesIssued

OrdersPassed by HCJ

Remarks/Grievance Redressed

1.

S.M.C. No.3/2003

Environmental Pollution 

MuhammadAnwar Butt

SecretaryInterior & Environment, Chief Secretaries of all Provinces,Provincial Transport Secretaries of all Provinces, DIG, Tarrifof All Provinces and Applicant. 

Court ofHCJ

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

2.

S.M.C. 11/2005

Lost ofLives of Innocent Children due to Kite Flying

Actiontaken by HCJ on a Column Published in Weekly “Ghazwa”, Lahoredated 02.09.2005

ChiefSecretary, Punjab, Attorney General and Advocates General of allthe Provinces. In addition orders was also passed to invite viewof General Public in this Behalf by publication throughinformation Department 

Court ofHCJ

This casewas registered by the Order of HCJ. Last time it came up forhearing before the Bench of HCJ on 22.01.2007, whereby anapplication seeking permission to celebrate Jashn-e-Baharan (Basant)on 24th & 25th February, 2007 wasdismissed. 

3.

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

Abduction& Rape of Sonia Naz

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

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

ChiefSecretary and I.G. Punjab. 

Court ofHCJ

This casewas registered by the Order of HCJ and notices were issued toall the concerned. Last time this case came up for hearingbefore the Bench of HCJ on 14.11.2005. Whereby it was directedto concerned Court before whom challan was submitted to decidethe case on merits independently without being influenced in anymanner from instant proceedings.

4.

S.M.C. No.1/2006  

MiserableCondition of Women in Jails

Actiontaken by HCJ on an application sent through post to the HCJ bytwo women Prisoners of Women Jail, Lahore regarding deplorablecondition of Women in Jail.

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

Court ofHCJ

This SuoMoto Action was taken by HCJ on an application sent through postto the HCJ by two women Prisoners of Women Jail, Lahoreregarding deplorable condition of Women in Jail. This caselastly came up for hearing on 25.01.2006, whereby it wasdirected that services of lady health visitor shall be availableduring the working hours to the prisoners and a visit of ladyDoctor once in a week will also be scheduled. In addition it wasalso directed to dispose of the criminal cases against lady inaccordance with law but not more than period of six months.Social Welfare Department to conduct a survey as to whether theChildren of female prisoners can stay with other relatives likefather, etc instead of staying in Jail with a facility to visittheir mother once a week for a period of 6 to 8 hours. 

 

5.

S.M.C. No.2/2006

Pollutionof Atomic Wastage Being Buried by Atomic Energy Authorities inD.G. Khan

Actiontaken by HCJ on an application sent through post to the HCJ byJalal-ud-Din Akbar, District & Sessions Judge, D.G. Khanregarding pollution by Atomic Wastage being buried by AtomicEnergy Authorities of D.G. Khan

AttorneyGeneral for Pakistan

Court ofHCJ

This SuoMoto case was registered by the order of HCJ on an applicationsent through post by Jalal-ud-Din Akbar, District & SessionsJudge, D.G. Khan regarding pollution by Atomic Wastage beingburied by Atomic Energy Authorities of D.G. Khan. This caselastly came up for hearing before HCJ on 29.03.2006, whereby DAGwas directed to file reply in sealed cover and shall not beopened 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. FarkhandaAkhtar r/o Pindi Sandrana, Hafazabad)

 

Custom ofWanni, Sawara & Sung Chutti

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

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

Notices tonotables through DPO, Jacobabad, Mir Hazar Khan Bajarani, YarAli Bangalani, Hafiz Qamra-ud-Din Bangalani, DPOs Jacobabad andKashmore

Court ofHCJ

All thesecases were registered by the order of HCJ. These cases lastlycame up for hearing before the Bench of HCJ on 03.09.2007 andcounsels for the petitioners in Const. P. No.16/2004 and SMCNo.10/2006 contended that committees already constituted by thisCourt dated 24.04.2006 may be directed to discharge theirfunctions affectively and order was passed accordingly by theCourt.

7.

S.M.C. No.1/2009

Whippingon a 17 years old Girl in public on a Charge that She went outfrom her Home with a “Namahram”

Actiontaken by HCJ upon news telecasted on Geo News TV Channel on03.04.2009 regarding Whipping on a 17 years old Girl in publicon a Charge that She went out from her Home with a “Namahram”

SecretaryInterior, Govt. of Pakistan, Chief Secretaries Govt. of NWFP,I.G. NWFP

Court ofHCJ

This casewas registered as Suo Moto by the order of HCJ. Last time thiscase came up for hearing before the Court on 06.04.2009, wherebyI.G. NWFP stated that an FIR has been registered but it is notknown exactly as to where the incident of flogging had takenplace and Secretary Interior Chief Secretary & I.G. NWFP wasdirected to submit the fortnightly report to the Registrar fortheir perusal in Chambers. In this regard last fortnightlyreport was submitted on 08.06.2009, whereby it was stated thatdue to Military Operation and curfew in the area police cannotperform its routine functions of preventing and investing crimeand as such there is no chance to communicate with the people.Progress achieved in this case after lifting of curfew andcompletion of operation would besubmitted.

8.

S.M.C. No.3/2009  

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

Actiontaken by HCJ on an application sent through post to the HCJ byMuhammad Ismail resident of Rawalpindi regarding Destruction ofForest and Illegal Acquisition of Land by DHA & Bahria Town

Tehsildar& DCO, Rawalpindi and Secretary DHA, Rawalpindi

Court ofHCJ

This casewas registered as Suo Moto by the order of HCJ. This case lastlycame up for hearing before the Court on 04.05.2009, whereby thematter was referred to Ombudsman of the Province of Punjab, sohe may conduct a thorough inquiry after visiting the site andexamining the Revenue Record and submit report. Consequently, acompliance report from Ombudsman has been received in which ithas been stated that on the basis of perusal of the relevantrecord, site visit and personal hearing, the allegations in thecomplaint are not substantiated. No forest trees are being cutfrom forest land at the moment. Forest Department deprived of1170 kanals of land by M/s Bahria Town way back in September,2005 has already been compensated. As regard illegal acquisitionof land by DHA, writ petitions are pending in the Lahore HighCourt, Rawalpindi Bench Rawalpindi, which need to be decided onpriority

9.

S.M.C. No.23/2009

Suo MotoAction regarding Half Pension of Widows of Retired Govt.Servants

 

On anapplication of Zubaida Yasin Wd/o Muhammad Yasin Chaudhary

AttorneyGeneral, All the four Provincial Advocate Generals

Noticesissued by the orders of the HCJ.

Noticeswere issued to all the concerned regarding fixation of the caseon 03.12.2009 but the case could not reach its turn and is stillpending.

10.

S.M.C. No.25/2009

Suo MotoAction regarding cutting of trees at Canal Widening ProjectLahore

On a newsitem published in Daily News, dated 26.11.2009.

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

Noticesissued by the orders of the HCJ.

The matterinitially came up for hearing before the Court on 01.12.2009 andthe Govt. of Punjab was restrained from chopping/cutting oftrees and the Chief Secretary was required to implement the saidorder. This case lastly came up for hearing before the Court on19.04.2010 and was adjourned to a date in office.

11.

Const.P.69/1996

 

Forrelease of Forced Agricultural Labour, Haris and Bonded Labourincluding Women & Children detained by some of the respondentsin this case in private jails situated in Sindh.

 

 

The casewas registered under Article 184(3) of the Constitution onbehalf of the petitioner namely Abdul Hafeez Qureshi

AttorneyGeneral for Pakistan and Advocate General, Sindh.

Noticesissued by the orders of the Court.

This caselastly came up for hearing before the Larger Bench of this Courtpresided by the HCJ on 09.03.2007 and was adjourned to a date inoffice for the reasons mentioned in the application foradjournment. 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 casewas registered under Article 184(3) of the Constitution onbehalf of the petitioner namely Pakistan EnvironmentalAssociation and others

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

Fixationnotices.

This caselastly came up for hearing before the Bench presided by the HCJon 14.04.2010 and the same was dismissed on the ground that onthe same issue, petitioner has also invoked jurisdiction of theLahore High Court, Lahore under Article 199 of the Constitutionwhere case of the petitioner was dismissed as withdrawn,therefore, this Constitution Petition U/A 184(3) is notentertainable before this Court.

 

13.

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

MukhtaranMai Rape Case 

This casewas filed by the State through Rao Muhammad Yousaf Khan, AORagainst the impugned order dated 03.03.2005 in Crl.A. 60/2002 ofLahore High Court, Multan Bench.

AdvocateGeneral, Punjab, Deputy Prosecutor General, Punjab

Fixationnotices

This casealong with other connected cases have been lastly fixed on10.05.2010 and were adjourned. The order is still awaited.

14.

C.P. No.103-P/2010

Recoveryof Dowery Amount since last 40 years

This casewas registered on behalf of the petitioner namely Mst. SaedaqSultan

Notices torespondents.

Fixationnotice

This caselastly came up for hearing before the Bench presided by Mr.Justice Raja Fayyaz Ahmed on 17.03.2010 whereby it was directedthat copies of preliminary decree, plaint, amended plaint andthis order for compliance be transmitted to Tehsildar for thepurpose. Compliance reports after completion of the process besent to the Officer Incharge of this Court, Branch Registry atPeshawar for our perusal in Chambers.

15.

S.M.C. No. 10/2009

Suo MotoAction against Makro Habib, Pakistan Ltd. On account ofestablishing a commercial hyper store on “WEBB” play ground.

Upon anews column dated 14.06.2009 published in Daily Dawn, Islamabadwritten Ardeshir Cowasjee

To allparties in Constitution Petition D-No.1740/2007.

Noticesissued by the orders of the HCJ.

This caselastly came up before the Bench presided by the HCJ on20.10.2009 which was disposed of vide said order and now threeseparate Review Petitions have been filed against the impugnedorder dated 20.10.2009. These Review Petitions initially came upfor hearing on 17.03.2010 before the Bench presided by the HCJin which status quo was maintained.

16.

Const.P.36/2005

Conversionof General Public Park into Golf Club, F-7 Park

This casewas registered under article 184(3) of the Constitution by theorder of the HCJ

Notice torespondents

Noticesissued by the orders of the Court.

In thisConstitution Petition it had been prayed that this Court maygraciously suspend the operation of impugned lease agreementpublished in the Daily News dated 08.12.2005 of 5 Acres of primeland situated in Sector F-7, Islamabad signed by the respondentNo.1 and 2 for the purpose of running the project of mini golfcourse as the said land was reserved for general public park inSection R-7 Islamabad. This case lastly came up for hearingbefore the Bench presided by the HCJ on 07.02.2006 and the samewas allowed.

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