KARACHI, Nov 27: It remains to be seen whether the environmental protection tribunal, setup under Pakistan Environmental Protection Act (PEPA), would be activated in Karachi or not.
The tribunal can take up cases of air and noise pollution, hazardous wastes and oil spill and other destruction under the Pakistan Environmental Protection Act (PEPA), 1997.
Quarters concerned believe that such cases could be instituted almost daily in a city like Karachi, but due to ignorance of citizens and lack of will on the part of environmental activists and organizations, the culprits go scot-free.
The culprits continue to violate the provisions of PEPA, which are aimed at preventing the pollution and promoting sustainable development.
Though a few components of environmental protection act have been met by the federal and provincial governments, the conviction of offenders was still a far cry.
The main tools in this regard, i.e. environmental tribunal and environmental magistrate, would be made effective through administrative support and by making rules and regulations.
PEPA envisages establishment of as many environmental tribunals as the federal government considers necessary, while specifying the territorial limits within which each one of them will exercise its jurisdiction under the act.
An environmental tribunal will exercise such powers and performs such functions as are, or may be conferred upon or assigned to it by or under the 1997 act or rules and regulations made thereunder.
The ministry concerned on various occasions had been requested by the body to provide it staff, budget, advance and a suitable place to set up tribunal’s office at Karachi.
In January 2001, a registrar of the tribunal was appointed, while a new and regular chairperson was appointed about two months ago. It was learnt that an establishment of over 20 staff, including the administrative and prosecution staff, belonging to different government departments had been finalized.
Sources said that formation of the tribunal was under process and all the staff would be re-appropriated from existing strength of various bodies and departments under the law and justice ministry at Karachi.
It was the delay in the functioning of the court that the allocated budget for the tribunal could not be utilized fully during the current fiscal year.
The sources claimed that as soon as a separate building was made available the tribunal would be put to function.
Independent sources said that the environmental tribunal (ET) would take at least another six months to take off. As an appellate body, the ET does not see any pressure to function immediately, as it had not received any case for proceeding, added the source.
There is no pressure on tribunal from the environmental magistrates posted at the various districts specially to deal with environment-related cases.
The chairman of the tribunal can take a suo motu action on violation of environment-related laws. While terms of references have not been framed as yet, the ET’s working would depend mostly on the interpretation of laws, i.e. Environment Protection Act, 1997.
The sources said that it were the EPA, individuals and other NGOs who could take up the issues relating to protection, conservation, rehabilitation and improvement of the environment to the environment magistrates and EPT as well. —PPI