Law: Pakistan Environment Protection Act, 1997

Section: 11,12,13,16,17,21

Pakistan Environmental Protection Act (XXXIV of 1997)--Ss. 11, 12, 13, 16, 17 & 21---Environmental Tribunal Rules, 1999, R.13---Prohibition of certain discharges or emissions---Violation of environmental protection order---Impleading of party, application for---Applicant had filed application under S.21(6) of Pakistan Environmental Protection Act, 1997, read with O.I, R.10, C.P.C. with the prayer to implead him as respondent in the proceedings in the interest of justice-Validity-Under R.13 of Environmental Tribunal Rules, 1999, Code of Criminal Procedure, 1898 was applicable to the proceedings before the Environmental Tribunal relating to trial of offences under S.17 of Pakistan Environmental Protection Act, 1997---Tribunal under S.17 of the .Act, was competent to take cognizance against the person who contravened or failed to comply with the provisions of Ss. 11, 12, 13, 16 of the said Act" By virtue of S.21(4) of Pakistan Environmental Protection Act, 1997, Tribunal while exercising criminal jurisdiction, would have the same powers as were vested in the Court of Session under Cr.P.C.---Section 21(6) of Pakistan Environmental Protection Act, 1997, though had provided that in all matters with respect to which no procedure had been provided for by the Act, the Tribunal would follow the procedure laid down in the Cr.P.C,; but while exercising jurisdiction under any law, the Tribunal was not to negate the substantial principles of natural justice in coining its own procedure for criminal or civil jurisdiction by overlapping each other in a particular matter---In all the complaints, whether filed by Environmental Protection Agency or by private person, criminal jurisdiction had to be exercised under Cr.P.C. and general principles of natural justice, incidental to applicability of Criminal Procedure, should be adopted---Criminal Procedure Code carried no provisions which supported the addition (impleading) of party during the trial--- Application for impleading as party was dismissed accordingly. ORDER Mr. M. Irshad Chaudhry Advocate has filed an application under Order I, Rule 10, C.P.C. for impleading Bilal Awan appellant in Appeal No. 2 of 2009 as respondent…

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