LHC Justice Shahid Karim issued the detailed order of recent proceedings on petitions seeking measures to curb smog across Punjab. He directed the environment department to submit a report on the ‘mechanical fitness’ of vehicles. He ordered strict enforcement actions and comprehensive reporting by relevant departments regarding efforts to curb smog.
The interim order added that updates on treatment plant installation at sugar mills must be included in the report. The court was informed that six sugar mills have completed the installation of water treatment plants.
Regarding Lahore’s urban greenery, the court ordered that no trees be cut during ongoing construction work at Nasir Bagh.
The Parks and Horticulture Authority (PHA) reported that 123 trees from Nasir Bagh have been transplanted, all of which are safe and being maintained. Each transplanted tree has been tagged, the authority added. The PHA was directed to formulate a comprehensive policy on the relocation of trees.
The court also ordered that the Water and Sanitation Agency (WASA) must issue notices for water charges strictly under the relevant rules. The Judicial Water Commission informed the court that a meeting had been held to propose a detailed traffic management plan.
The court was told that the chief traffic officer, Lahore, will enhance coordination between the traffic police and Lahore Transport Company. Seeking more clarity, the court asked the counsel for the Environmental Protection Agency (EPA) to submit a detailed report.
The hearing had been adjourned until Friday.
Basant festival
Hearing another case, the LHC declined a request to immediately suspend the operation of the recently issued Kite-Flying Ordinance with an observation that public safety must remain the foremost priority.
Justice Malik Awais Khalid, while hearing a petition filed by a citizen, Munir Ahmed, directed the provincial government to submit clear instructions and a written report on the ordinance by December 22.
During the hearing, the judge remarked that ensuring the safety of human life was essential. “Ban on kite flying began in China 2,500 years ago, and now it takes place around the world — but safety is extremely important,” Justice Khalid observed.
The petition was argued by Advocate Azhar Siddique on behalf of the petitioner, while an assistant advocate general appeared for the Punjab government.
The petitioner’s counsel contended that countries such as China and Japan did not use dangerous string, nor did people chase kites there in a hazardous manner. He argued that lives had been lost due to Basant festivities in the past, contending that the ordinance should be struck down.
The court questioned the government on how it planned to regulate safety. “Tell us, how will you regulate safety? Who will be responsible for ensuring it?” the judge asked the government’s counsel.
The petitioner argued that there had been undue haste in issuing the Basant-related ordinance. He stressed that an ordinance cannot be introduced while the provincial assembly is in session.
The government’s counsel requested time to submit a detailed response, which the court allowed. The petition had requested that implementation of the ordinance be suspended until the court issues the verdict.