Law: Constitution of Pakistan, 1973

Section: 4,10-A

Law: Pakistan Environmental Protection Act, 1997

Section: 7,16

(a) Constitution of Pakistan--- ----Arts. 4, 10-A---Rule of law---Applicability---State, responsibility of---Mandate of law has always aimed to secure inviolable Constitutional rights of every citizen available for protection under doctrine of access to justice---State functionaries were obliged to follow mandate of law in its letter and spirit---Every citizen under Arts. 4, 10-A of the Constitution has right to be provided a right to due process of law, right of hearing and right to explain fact as well as law---Such object can only be achieved if someone is confronted with an allegation against him, otherwise, an action or notice in failure to provide a right to due process of law would not only be violative of fundamental rights but also against statutory provisions of law. (b) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Ss. 7, 16---Constitution of Pakistan, Art. 199---Constitutional petition---Environmental protection order---Mandatory provisions, non-compliance of---Effect---Petitioner was running a brick kiln and notice imposing fine upon him was issued by authorities for violations of laws---Plea raised by petitioner was that brick kiln was inoperative and fine was imposed without compliance of mandatory provisions--- Validity--- Without following mandate of law contained in S. 16 of Pakistan Environmental Protection Act, 1997, direct issuance of recovery notice burdening petitioner with penalties and fines in absence of Show Cause Notice not only betrayed mandate of justice but was also violative of his fundamental right---Notice in question was issued without first satisfying flow of statutory measures for confronting petitioner with allegations against him or granting him an opportunity to satisfy whether he had violated provisions of law, SOPs or orders of High Court---High Court set aside notice in question as the same was suffering from jurisdictional defect and was unlawful---High Court remanded the matter to the authorities for compliance in accordance with law---Constitutional petition was allowed accordingly. Assistant Collector Customs and others v. Messrs Khyber Electric Lamps and 3 others 2001 SCMR 838 rel. (c)…

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