ABDUL HAMEED vs ALLAH DAD'iarat And Other
This matter comes before the Supreme Court of Pakistan upon the appearance of the Advocate General Punjab, who highlighted the Pakistan Environmental Protection Act, 1997 and a Lahore High Court judgment holding that Section 133 of the Code of Criminal Procedure 1898 stood impliedly repealed regarding pollution matters by the 1997 Act. The core legal question involves determining whether Section 133 of the Code of Criminal Procedure 1898 is impliedly repealed by the Pakistan Environmental Protection Act, 1997 in relation to pollution offences. The Court held that a question of public importance is involved, granted leave to appeal to resolve the entire controversy within two months, directed the constitution of a larger Bench by the Chief Justice of Pakistan, and ordered that the interim suspension of the impugned judgment shall remain in force. The key principle laid down is that matters involving significant questions of public importance regarding statutory overlap and implied repeal between environmental legislation and general criminal procedure provisions warrant consideration by a larger Bench.
- Whether Section 133 of the Code of Criminal Procedure 1898 is impliedly repealed by the Pakistan Environmental Protection Act, 1997?
- Does a question regarding the statutory overlap of environmental laws and general criminal procedures constitute a matter of public importance?
- 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 two 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.