PESHAWAR: Peshawar High Court has directed the administration of Kohat district to stop illegal gold mining in Khushal Garh area as in such operations the perpetrators were using chemicals hazardous to environment.

A bench consisting of Justice Ijaz Anwar and Justice Sabitullah Khan disposed of a petition filed by some residents of Khushal Garh against use of mercury in gold mining in the area allegedly by a lease-holder company after the latter stated that it had yet to start mining and assured the bench not to use mercury and would abide by environmental laws.

“Perusal of the record available on the case file depicts that mining activities have yet not been started and that demarcation is yet to be made, besides, there is commitment made from the respondent company that the standards provided by Environmental Protection Agency for mining activities shall not be compromised,” the bench observed.

The bench ruled: “In such a situation, we are of the view that this petition is premature, at this stage.”

Disposes of petition against mercury use in mining

However, the bench directed the respondent company to comply with the environmental standards set by Environmental Protection Agency (EPA) and carry out activities strictly in accordance with law.

The bench ordered: “We direct the local administration to immediately stop illegal mining in the leased area and its vicinity, because in such operations they are using chemicals, which are hazardous to health and environment.”

“The respondent (department of mines and minerals) shall carry out the demarcation proceedings so that the respondent company can begin its activities.”

The petition was filed as public interest litigation by former provincial minister Amjad Khan Afridi and locals, terming use of mercury in gold mining an environmental hazard that resulted in contaminating air, polluting the Indus River and also affecting agricultural land adjacent to the mines.

Advocate Nouman Muhib Kakakhel represented the petitioners and referred to a meeting held on Dec 19, 2024, at the office of Kohat deputy commissioner wherein it had been highlighted that there were illegal occupants, who were involved in illegal mining in the leased area.

He stated that there was a decision taken to that fact that the leased area should be cleared from all kinds of illegal mining activities and the area would be handed over to relevant mining company.

During the hearing, EPA presented a detailed report, confirming use of mercury in the illegal mining activities. The report highlighted significant environmental damage, including contamination of the local ecosystem, posing a threat to human health, wildlife, plants and aquatic life.

Additionally, several First Information Reports (FIRs) had already been filed concerning illegal mining of gold.

The petitioners had requested the court to declare as unconstitutional use of mercury and other environment polluting activities of miners as a healthy environment was fundamental right of everyone after the passage of Constitution (Twenty Sixth) Amendment Act.

They requested the court to restrain the official respondents and private contractor from polluting the environment by burning mercury into open air, dumping the same in agricultural and other properties and throwing the waste into the Indus River.

Barrister Umar Ziauddin appeared for the lease-holder company Himalayan Earth Exploration and stated that mining activities by the company had not been started and in terms of allotment letter, the mining area was yet to be demarcated.

He said that approval was required of development and exploration scheme. He committed that mining activities would be carried out as per standards provided by EPA.

The additional advocate general, Niaz Mohammad, represented provincial government, whereas Advocate Umair Jamal appeared for the mines and mineral department, the additional assistant commissioner of Kohat, Abrar Ali Shah, litigation officer of EPA Syeda Amina Hassan, Amjad Ali and Javed Khalil of EPA and a deputy director of mines department, Israr Khan, also appeared in the case.

Nouman Kakakhel contended that placer gold mining damaged the environment through water, soil as well as air. He said that mercury was used which was hazardous to health and the environment.

He argued that the practice was violative of Khyber Pakhtunkhwa Environmental Protection Act and Minamata Convention on Mercury, a multilateral environmental agreement that addressed specific human activities that were contributing to widespread mercury pollution.

Published in Dawn, March 21st, 2025