PELA coverage

'Shehla Zia case made history when the Supreme Court ruled that the rights to a clean environment and unpolluted water is one of the fundamental rights of the Pakistani citizens enshrined in the Constitution,' said the renowned jurist Dr Parvez Hassan. He was speaking at the first annual seminar on Green Justice through public litigation that Pakistan Environment Law Association [PELA] had organized with the assistance of Leadership for Environment And Development (LEAD) Pakistan and Wold Wildlife Fund (WWF) Pakistan.

'The case barred Wapda from installing a high voltage grid station in Islamabad that might have been hazardous for public life. Wapda proved that it was not hazardous but then the Rio Declaration, which was not binding on Pakistan, was invoked and Justice Saleem Akhtar directed Wapda not to ever install any such grid without the consultation of the public and the prior notification of such development through media agencies,' said Dr Hassan.

PELA presented Justice (retired) Akhtar its Life Time Achievement Award for writing this momentous decision through Syed Babar Ali, a Lahore-based entrepreneur.

Justice Akhtar in his presentation encouraged the participants to resort to the judiciary to invoke environmental rights. He told the participant that one could file a writ petition in the High Court under Article 199 to invoke environmental rights under the Fundamental rights. He asked the lawyers to predicate such cases on strong technical research.

An Indian lawyer C M Mehta told the participants that the trend of public litigation was common in India and the Indians had benefited through such litigation. He urged the participants to support the cause of green justice through public litigation.

PELA is currently conducting training workshops to sensitize civil magistrates about environment. This is done with the support of WWF and LEAD Pakistan. As a result of this sensitization, green justice is being done to the people. Although, not enough has been achieved, but some positive results have started appearing.

The result in Shehla Zia case was beyond the expectations of the petitioners and even its counsel. In one broad sweep, the SC had laid down a law to be followed by all the courts in Pakistan: 1) environmental rights are covered in the rights to life and dignity guaranteed in the Constitution; 2) environmental rights are to be interpreted in accordance with developments at the international level; 3) commissions comprising of technical experts may he established by courts in determining complex policy issues; and 4) public participation is essential in decision-making by governmental agencies.