| Citation(s) |
|---|
| 2002 SLG 2400 2002 SLD 2400 2002 PLD 555 |
Lahore High Court
Writ Petition No. 25084 of 1997, decided on 14th June, 2002. DATE of hearing: 10th May, 2002
CH. IJAZ AHMAD, J
Irfan Masood Sh. for Petitioner. Dr. A. Basit, Dr. Pervaiz Hassan, Sardar Shahid Iqbal and Sh. Muhammad Asad Ullah. Amicus curiae. Sher Zaman Khan, Dy.A.G., M. Hanif Khatana, A.A.G., Mian Muzaffar Hussain, Kh. M.Afzal, Legal Advisors, Dr. Mumtaz Ali and J
Writ Petition No. 25084 of 1997, decided on 14th June, 2002. DATE of hearing: 10th May, 2002
CH. IJAZ AHMAD, J
Irfan Masood Sh. for Petitioner. Dr. A. Basit, Dr. Pervaiz Hassan, Sardar Shahid Iqbal and Sh. Muhammad Asad Ullah. Amicus curiae. Sher Zaman Khan, Dy.A.G., M. Hanif Khatana, A.A.G., Mian Muzaffar Hussain, Kh. M.Afzal, Legal Advisors, Dr. Mumtaz Ali and J
Mrs. ANJUM IRFAN
VS
Lahore DEVELOPMENT AUTHORITY through Director GENERAL and others
Law:
Section:
(a) Penal Code (XLV of 1860)-------Chap. XIV [Ss.268 to 294-BJ---Offences affecting public health, safety. convenience, decency and morals---Object of Chap.XIV, P.P.C.--Prohibition of pollution of water does not require any particular mens rea: it is negligence because every one has a duty of care based on common sense not to pollute river water which is used for drinking by men and other animals---Spoliation of water and air may take place due to the activities either of private persons or-corporation or public authorities--- Public spring like a well is reservoir like a Municipal' Water Tank and is dealt with under S.277, P.P.C.---Corruption or fouling of the water of any public spring or the reservoir so as to render it less tit for the purpose for which it is ordinarily used, is punishable under S.277, P.P.C. The sole object of including Chapter XIV in the P.P.C. is to safeguard the public health, safety and convenience by causing those acts which make environmental pollution threatening the life of the people, punishable. 1n other words, all those acts which endanger public health directly or indirectly have been brought under the purview of the Penal Code. The Penal Code in Chapter XIV consisting of sections 268--294-B deals with public nuisance, i.e. the offences relating to public health safety convenience, decency and morals. Criminal liability of companies in Pakistan is quite clear. The company is not exempted from criminal liability merely because it is a juristic person and not a natural person. Section 11 of P.P.C. includes any company or association or body of persons whether incorporated or not into the word person. The provisions relating to the prohibition of pollution of water do not require any particular mens rea. It is negligent because every one has a duty of care based on common sense not to pollute river water which is used for drinking by men and other animals. The spoliation of water and air may take place due to the activities either of private persons or corporation or public authorities. A public spring like a well is reservoir like a Municipal Water Tank is dealt with under section 277 of P.P.C. Corruption or fouling of the water…
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