2011 PLP 1179 (CLD)
SARDAR FAKHAR IMAM — Complainant Versus TAJ PAPER MILLS and others — Respondents
| Citation | 2011 PLP 1179 (CLD) |
| Forum / Court | Environmental Tribunal Lahore |
| Bench Members | N/A |
| Parties | SARDAR FAKHAR IMAM — Complainant Versus TAJ PAPER MILLS and others — Respondents |
| Primary Law | Environmental Tribunal (Procedure and Functions) Rules, 2008 |
Q1: What are the key laws and sections cited in 2011 PLP 1179 (CLD)?
This judgment primarily cites: Environmental Tribunal (Procedure and Functions) Rules, 2008 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 1179 (CLD)?
The case was heard and decided by the Environmental Tribunal Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1179 (CLD) (SARDAR FAKHAR IMAM — Complainant Versus TAJ PAPER MILLS and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ADPP with Khalid Mehmood, Inspector EPA, Lahore for Respondents Nos. 3, 4 and 5.
Headnotes / Summary
R. 21
Criminal Procedure Code (V of 1898), Chapter VI [Ss.68 to 93]
Processes to compel appearance
Mode of
Relevant provisions prescribed for the issuance of process under Criminal Procedure Code, were Ss.68 to 93
Court was empowered to issue summons/warrant of arrest, with or without surety to compel the appearance of any party; for that S.H.O. of the concerned Police Station was the agency whose services could be adopted for the purpose
Modes were also prescribed under R.21 of the Environmental Tribunal (Procedure and Functions) Rules, 2008 i.e., S.H.O. of Police Station concerned would also be responsible for executing any warrant of arrest against any person within his jurisdiction
In view of said provisions of law, serving notice through District Officer (Environment) concerned was not permissible as District Officer (Environment) acted as complainant and witness in the case
Report of said officer regarding the service of respondent, could not be relied upon safely
Issuance of notice through District Officer (Environment) to compel the appearance of respondent, was illegal as not permissible under the law.
Judgment & Decree
Former states that learned counsel for the complainant has gone to Islamabad in connection with his professional engagements. Prays for adjournment. Allowed. Also issue notice to respondents Nos. 1 and 2 and get them served through DO (E) Sheikhupura. To come up on 1-6-2011. (Sd)/- (Sd)/- (Sd)/- Khawaja Muhammad Afzal Ch. Khalil Ms. Gulzar Butt (Chairperson) (Member Tech.) (Member Legal) I, agree the issuance of notice to the respondent but respectfully disagree the mode adopted by the worthy Chairperson in this case and in all other pending cases, upon the following reasons: (i) The relevant provisions prescribed for the issuance of process under Criminal Procedure Code are sections 68 to section
93. The court is empowered to issue summons/warrant of arrest with or without surety to compel the appearance of any party. For this, SHO of the concerned Police Station is the agency whose services can be adopted for this purpose. (ii) The modes are also prescribed under Rule 21 of the Environmental Tribunal (Procedure & Functions) Rules 2008 which reads as follows:-
21. Service of process...(1) Any process issued by the Tribunal against a person residing within its territorial jurisdiction shall be served through bailiff or Registered Post acknowledgement due or by publication in news paper or through S.H.O of Police Station, within whose jurisdiction the person, corporate body or any other authority process indended to be served, resides, carries on business or work for gain, shall be bound to effect service on the person in who's name the process is issued by the Tribunal. (2) The SHO of Police Station concerned shall also be responsible for executing any warrant of arrest against any person within his jurisdiction. Keeping in view the above provisions, serving notice through District Officer (Environment) DO (E) concerned is not permissible as DO(E) acts as complainant and witness in the case. Therefore, his report regarding the service of respondent cannot be relied upon safely. Therefore, issuance of notice through DO(E) to compel the appearance of respondent is illegal as not permissible under any law. (Sd) /- Ms. Gulzar Butt (Member Legal) H.B.T./6/ET Order accordingly.