PESHAWAR, May 9: Environmental magistrates on Sunday called for suitable regulations for effective implementation of the Pakistan Environmental Protection Act (PEPA) 1997.
At a workshop for environmental magistrates of the NWFP on PEPA 1997, organized by the Peshawar High Court in collaboration with the Inrenational Union for the Conservation of Nature, the participants pointed out lacunas in the act and called for steps to ensure implementation of environmental laws.
A book entitled 'Environmental laws in Pakistan', written by Peshawar University Law Faculty Dean Prof Ahmed Ali Khan was launched. Prof Khan gave an overview of the environmental laws and the PEPA 1997.
Magistrates from Peshawar, Mardan, Charsadda and Nowshera participated in the workshop. They said there was no proper mechanism for the prosecution of cases related to environmental issues.
Asad Bangash, a judge from Peshawar, said recommendations made at previous workshops were not implemented. The speakers said judges should take cognizance of the environmental laws according to the circumstances. They said judicial activism could help check pollution.
The judges were of the view that there was lack of awareness about environmental laws even in the judiciary. They said absence of a specialised prosecution agency had led to non-implementation of environmental laws.
The environmental magistrates should be given powers to deal with cases suo motu, they said. They said no legal assistance was given under the act to the common man if he wanted to bring a problem related to environment to a magistrate.
They said rules had not been made for prosecution and no case had been filed with the magistrates under the PEPA 1997 since it was introduced. A judge worked as a civil, judicial, rent control, family and environment magistrate without adequate training to deal with environmental cases, they said.
Environment Deputy Director Liaqat Khan said judges' nomination as environmental magistrates was notified in 1998 but the EPA was facing lack of funds and staff, which had caused delay in filing of cases. In 2003, a legal expert was appointed in the EPA and 36 cases were filed, he said.
