Law: Punjab Prohibition on ManuFacture Use Sale and Import of Polythene Bags (Black Or Polythene Bags Below Fifteen Micron Thickness) Ordinance, (IX of 2002)

Section: 3

Law: Pakistan Penal Code, 1860

Section: XIV

Law: Constitution of Pakistan, 1973

Section: 199,9,199(1)(i)(ii)(c),(2),38(d),38

(a) Punjab Prohibition on Manufacture, Use, Sale and Import of Polythene Bags (Black Or Polythene Bags Below Fifteen Micron Thickness) Ordinance (IX of 2002)--- ----S. 3---Constitution of Pakistan (1973), Art. 199(1)(i)(ii)(c) & (2), 9 & 38(d)---Public interest litigation---Constitutional petition---Maintainability---Contentions of the petitioner were that Polythene Bags were causing havoc in various areas of the society i.e. Sewerage System in the cities; agricultural in the rural life, marine life on the coastal areas, public health; spread of dangerous diseases like cancer; that use of bags was making soil infertile; that said bags could not be disposed of through recycling for many reasons, i.e. decomposition of polythene material was not possible; that disposal through burning of polythene was harmful as it released toxic gases like dioxins which had cancerous effects on health and could also cause respiratory problem, thus, after use of polythene bags for a short period, same could not be disposed of by throwing, dumping or by burning; that some legislation had been done in the Province of Punjab but neither same was effective nor was being implemented by the authorities and that authorities had failed to perform their functions as required under the Constitution and the law on the subject---Authorities had not denied the negative effects and damage being caused by manufacture and use of polythene bags and submitted that some measures had been taken but were not in favour of putting a complete ban on manufacturing and sale of the same on the ground of likely unemployment of thousands of people engaged in manufacture etc.---High Court expressed the destruction caused by polythene bags and observed that contents of constitutional petition and contentions of the petitioner, did not relate to his person or any individual instead they related to `life' of the people of Pakistan, hence to fulfil the requirements of pro bond publico and petitioner being an aggrieved party constitutional petition was maintainable under Art.199 of the Constitution; that "hanging from the branches, flying in the air, stuck in corners and racing along with vehicles on roads,…

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