| Case ID |
38780349-4b3d-49bb-ab8f-30defc5ef9bc |
| Body |
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| Case Number |
Constitutional Petition No. D-1913 of 2017 |
| Decision Date |
Mar 30, 2019 |
| Hearing Date |
May 31, 2018 |
| Decision |
The Sindh High Court allowed the constitutional petition filed by the petitioner, Qurban Ali Malano, against the cutting down of trees by the Pakistan Air Force (PAF) near Begum Nusrat Bhutto Airport, Sukkur. The Court ruled that the act of cutting down trees was not immune from judicial scrutiny and emphasized the importance of the public trust doctrine regarding environmental resources. The Court ordered the PAF to refrain from cutting or removing any grown-up trees in the area and mandated that no disposed trees could be sold except in accordance with the law. This decision underscores the judicial commitment to environmental protection and highlights the balance between national security and civil liberties. |
| Summary |
The case revolves around the constitutional petition filed by advocate Qurban Ali Malano against the illegal cutting of trees by the Pakistan Air Force (PAF) near Begum Nusrat Bhutto Airport in Sukkur. The petitioner argued that the trees were part of a public trust resource and their removal violated legal and environmental standards. The PAF claimed the trees obstructed their firing range and posed a potential security threat. The Sindh High Court, after careful consideration, ruled in favor of the petitioner, emphasizing the need to protect the environment and uphold fundamental rights. The Court directed that no further tree cutting could occur without proper legal procedures and affirmed the principle that national security claims must be substantiated by constitutionally valid legislation. This ruling is significant for environmental law and reinforces the judiciary's role in safeguarding public interests against arbitrary governmental actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Nadeem Akhtar,
Muhammad Faisal Kamal Alam,
Gulzar Ahmed
|
| Lawyers |
Qurban Ali Malano,
Fayyaz Ahmed Soomoro,
Zulfiqar Ali Naich,
Iftikhar Ahmed Arain,
Rafiq Ahmed Mako,
Sanaullah Kalwar
|
| Petitioners |
Qurban Ali Malano
|
| Respondents |
Province of Sindh through Chief Secretary and 19 Others
|
| Citations |
2019 SLD 3181,
2019 PLD 697
|
| Other Citations |
2015 SCMR 1520,
2011 SCMR 1743,
PLD 2006 SC 394,
2013 PLC (C.S.) 106,
PLD 1957 SC (Pak.) 9,
2013 SCMR 1880,
PLD 2018 Sindh 360,
2004 UKHL 56,
585 U.S. 2018
|
| Laws Involved |
Sindh Plantation, Maintenance of Trees and Public Parks Ordinance, 2002,
Constitution of Pakistan, 1973,
Sindh Local Government Act, 2013
|
| Sections |
7,
199,
2, 2nd Schedule
|