| Citation(s) |
|---|
| 2011 SLG 1258 2011 SLD 1258 2011 YLR 1623 |
Sindh High Court
Constitutional Petition No. D-590 of 2010, decision Dated: 15-03-2010.
GULZAR AHMED, JUSTICE ARSHAD SIRAJ MEMON, JUSTICE
Petitioner(s) by: Jam Asif Mehmood No.1.
Respondent(s) by: Abdul Maroof No.2 along with S.M. Yahya.
Constitutional Petition No. D-590 of 2010, decision Dated: 15-03-2010.
GULZAR AHMED, JUSTICE ARSHAD SIRAJ MEMON, JUSTICE
Petitioner(s) by: Jam Asif Mehmood No.1.
Respondent(s) by: Abdul Maroof No.2 along with S.M. Yahya.
SIKANDAR DADA AND ANOTHER
VS
ENVIRONMENTAL PROTECTION TRIBUNAL, SINDH AND 2 OTHERS
Law: Pakistan Environmental Protection Act, 1997
Section: 2(xxxii),11,17,18
Law: Constitution of Pakistan, 1973
Section: 199
Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Ss. 2(xxxii), 11, 17 & 18---Constitution of Pakistan, Art.199---Constitutional petition---Complaint against pollution---Petitioner had stated that he could not be made personally liable for the acts of a corporate body and that issuances of bailable warrants against the petitioner was not in accordance with law---Petitioner had prayed that bailable warrants issued be quashed---Petition was disposed of ordering that bailable warrants issued against the petitioner were recalled---Petitioner would appear before the Tribunal when the matter would be fixed before the Tribunal and he could make appropriate application for dropping of the proceedings against him, upon which the Tribunal would pass order in accordance with law. THIS ORDER PASSED BY: ARSHAD SIRAJ MEMON, JUSTICE---.--- Mr. Qazi Abdul Hameed Siddiqui has filed counter affidavit to the petition, copy of which has been supplied to the Counsel for the petitioner in Court today. The counsel for the petitioner No.1 states that the word 'person' has been defined in clause (xxxii) of section 2 of the Pakistan Environmental Protection Act includes a corporate body and that section 18 of the same Act provides for punishment of offences committed by corporate bodies under the Act. He states that the legal status of the petitioner No.1 as Chairman/Chief Executive of the petitioner No.2 is distinct and they are also distinct persons in the law having their own individual rights and obligations and that any violation of one cannot be enforced upon the other. He states that petitioner No.1 cannot be made personally liable for the acts of petitioner…
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