| Citation(s) |
|---|
| 2014 SLG 1488 2014 SLD 1488 2014 PLD 350 |
Supreme Court of Pakistan
APPLICATION BY ABDUL HAKEEM KHOSO, ADVOCATE---In the matterof DATE of hearing: 28th (December, 2013.
JAWWAD S. KHAWAJA, KHILJI ARIF HUSSAIN AND GULZAR AHMED, JJ
APPLICATION BY ABDUL HAKEEM KHOSO, ADVOCATE---In the matterof DATE of hearing: 28th (December, 2013.
JAWWAD S. KHAWAJA, KHILJI ARIF HUSSAIN AND GULZAR AHMED, JJ
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 172(2) & (3)---Natural resources, ownership of---Mineral oil and natural gas---People of Pakistan were the ultimate owners of natural resources including mineral oil and natural gas through their Governments and State controlled entities. (b) Constitution of Pakistan--- ----Art. 184(3)---Constitutional petition under Art. 184(3) of the Constitution regarding contractual and legal obligations of oil Exploration and Production (E&P) companies operating in Pakistan towards the environment and welfare and uplift of areas of their operation---Enforcement of fundamental rights of citizens---Suo motu notice by the Supreme Court under Art. 184(3) of the Constitution, significance of---Chief Justice of Pakistan took note of a speech delivered by an office bearer of a District Bar Association wherein certain violations of law and the terms and conditions of [petroleum concession] agreements by oil Exploration and Production (E&P) companies operating in the concerned district were highlighted---Copy of the speech was marked by the Chief Justice to the Human Rights Cell (HRC) of the Supreme Court---Report/comments received from concerned personnel and functionaries were found unsatisfactory and it was, therefore, directed that the matter be put up in the Supreme Court as a petition under Art.184(3) of the Constitution---Supreme Court observed that significance of Art.184(3) of the Constitution in enforcing the fundamental rights of the people all over the country without the necessity of having a petitioner from each district was evident from the present case; that in the ordinary course it would have been extremely difficult logistically and financially for a resident of concerned district to file and pursue legal recourse in the civil courts or in the constitutional courts, and even if such recourse had been taken it would have remained confined to issues relating to the concerned district; that it was only on account of Art. 184(3) of the Constitution and the willingness and ability of the (Supreme) Court to take notice suo motu that the entire country spread over more than 105 Districts had been brought within theβ¦
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