ABDUL HAMEED vs ALLAH DAD TARAT And Other
This matter comes before the Supreme Court of Pakistan on a petition for leave to appeal concerning the legal relationship between Section 133 of the Code of Criminal Procedure 1898 and the Pakistan Environmental Protection Act 1997. The core legal question raised is whether Section 133 of the Code of Criminal Procedure 1898 has been impliedly repealed by the enactment of the Pakistan Environmental Protection Act 1997 with respect to public nuisance involving pollution, as previously observed by the Lahore High Court. Recognizing that this issue involves a legal question of significant public importance, the Supreme Court granted leave to appeal to determine the entire controversy. The Court directed that the matter be placed before the Chief Justice of Pakistan for the constitution of a larger Bench to decide the issue and ordered that the interim order suspending the operation of the impugned High Court judgment shall remain in force pending final determination.
- Whether Section 133 of the Code of Criminal Procedure 1898 stands impliedly repealed by the Pakistan Environmental Protection Act 1997 regarding environmental pollution?
- Section 133, Code of Criminal Procedure 1898
- Pakistan Environmental Protection Act 1997
ORDER
SH. RIAZ AHMED, J.- Learned Advocate General Punjab has entered appearance in this case and has drawn our attention to the Pakistan Environmental Protection Act, 1997 and also placed on record the judgment of the Lahore High Court, Lahore delivered in WP No. 6468 of 2000 on 29.1.2001 observing that Section 133 Cr.P.C. Fell within the mischief of implied repeal of the pollution defined by Pakistan Environmental Protection Act, 1997.
2. Since a question of public importance is involved in this case therefore, we are of the view that a larger Bench of this Court should hear it. Leave is accordingly granted to determine the entire controversy within to months.
3. Office is directed to place the case before my Lord Chief Justice of Pakistan for constitution of a larger Bench. The order dated 29.6.2001 suspending the operation of the impugned judgment shall remain in force.