07 August 2004	Saturday	20 Jamadi-us-Saani 1425

PESHAWAR, Aug 6: Delay in the establishment of a separate environmental tribunal for the NWFP has delayed legal action against people involved in violation of the Pakistan Environmental Protection Act 1997 , said official sources in the provincial environment department.

More than 30 cases in the NWFP are still pending. About two months ago the federal authorities announced that two more environmental tribunals would be established to make it one for each of the four provinces. Approval for this has also been granted and the notification issued over a month ago.

Under the new arrangement, the Punjab and Sindh would continue with the tribunals already set up there, whereas new tribunals would be established for the NWFP and Balochistan.

The move was meant to speed up legal proceedings in cases against polluters in all the four provinces. In the NWFP, cases had been filed under section 17 of the environmental act against people, including owners of brick kilns, manufacturing units and marble units. They were charged for causing harm to environment in the area where they are carrying out their businesses.

"The Federal Law Ministry has notified the establishment of one each separate environmental tribunal for the NWFP but appointment of the chairperson has not yet been made," said Dr Bashir Khan, director, Environmental Protection Agency (EPA), NWFP.

Talking to Dawn he said that the appointments of the chairperson and the support staff would be made after fulfilling due procedural requirements. Under the changed scenario, proceedings into cases already filed against polluters in NWFP would remain pending till the new environmental tribunal comes into being.

He said the tribunal cancelled its sitting in Peshawar as a result of the new development saying: "They (members of the tribunal) can no more take up for hearing cases pertaining to the NWFP as its jurisdiction now only covers Punjab," said an official of the environment department, NWFP.

According to Section 20 of the Environmental Act, the chairperson of an environmental tribunal has to be appointed by the federal government's authorities concerned after due consultation with the chief justice of the relevant (provincial) high court.

However, information gathered from the NWFP Law Department, and the Peshawar High Court revealed that there was no progress at their end in the matter of appointing a chairperson for the NWFP's environmental tribunal.

"The matter does not fall under the purview of the provincial Law Department," said Additional Secretary Mohammed Bashir Khan of the provincial Law Department.

Mr Khan, who was taking care of the Law Department's affairs in the absence of the department's administrative head Mr Amir Gulab Khan at the time when contacted by Dawn, said that the matter fell under the purview of the Peshawar High Court (PHC).

However, the PHC's registrar Mr Salim Khan, when approached, also expressed ignorance about the setting up of the tribunal. He replied in the negative when asked whether the chief justice of the Peshawar High Court had been moved by the relevant federal authorities regarding the appointment of the chair person.