Law: Sindh Environmental Protection Act, (VIII of 2014)

Section: 17,1

Sindh Environmental Protection Act (VIII of 2014)--- ----Ss. 17, 1---Initial environmental examination and environmental impact assessment--- Commencement of the Act--- Prospective application---Scope---Sindh Environmental Protection Agency through its authorized officer filed a complaint alleging therein that the accused had initiated construction of a project of ground plus 16 floors high rise building without seeking environmental approval as required under S. 17 of the Sindh Environmental Protection Act, 2014---Accused sought premature acquittal through an application under S. 265-K, Cr.P.C.---Construction of the project had commenced prior to promulgation of Sindh Environmental Protection Act, 2014---Violation, if any, had constituted an offence punishable under the Pakistan Environmental Protection Act, 1997---Since no action under the Pakistan Environmental Protection Act, 1997, was initiated against the accused on commission of alleged offence, therefore, the penal provisions of the Sindh Environmental Protection Act, 2014 forming a part of substantive law and not procedural one, could not be termed to have retrospective effect as such penal provisions followed by the conviction and punishment, could not take away the right of a person by applying it retrospectively---Sindh Environmental Protection Act, 2014, as per S. 1(3) had come into force at once, replacing the Pakistan Environmental Protection Act, 1997, therefore, it could not have retrospective effect so as to apply it for the past matter, retrospectively---No probability of conviction of accused existed in the case of which the very charge was groundless---Accused was acquitted of the charge. Ms. Ifat Rana, A.P.G. for the State along with Dr. Habib-ur-Rehman Solangi, Deputy Director Law and Rao Zeeshan Ahmed, Environmental Inspector/I.O. for SEPA. Farhatullah Khan for Respondent No. 2 along with Respondent No.2. hearing date: 22nd December, 2021. ORDER NISAR MUHAMMAD SHAIKH, CHAIRMAN.---Through this order an application under section 265-K, Cr.P.C. filed on behalf of respondent/accused with a prayer to quash the proceedings of this case and acquit the accused/respondent will stand disposed of.…

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