Environmental Law in Pakistan - IUCN

import or possession of any material deemed to be of “sodangerous character [sic]” that it is “expedient for the public safety”to impose such restrictions (Section 6). Under this law, themaximum penalty for illegally manufacturing, possessing orimporting explosives is 5,000 rupees.The government may declare any substance deemed particularlydangerous to life or property, owing to its explosive properties, orany of the processes involved in its manufacture to be an explosivewithin the meaning of this act (Section 17). Such materials mayinclude a wide range of chemical substances that are explosive innature, although the term “dangerous” itself has not been defined.No regulatory compliance measures are introduced for thehandling of hazardous materials.6.2 Court Decisions6.2.1 Pollution of Environment Caused by Smoke, Emitting Vehicles,Traffic Muddle (HR No. 4-K of 1992), 1996 SCMR 543This interim order issued by the Supreme Court calls for measures to streamline the process ofchecking motor vehicles in Karachi, as a first step towards eliminating air and noise pollution in thecity. The order is based on reports from mobile checking carried out in 1992–93, also at the orderof the Supreme Court.6.2.2 Environmental Pollution in Balochistan (HR No. 31-K/92(Q)),PLD 1994 SC 102The Supreme Court takes suo moto action in this case, after seeing a report in a daily newspaperwhich stated that nuclear waste was to be dumped in coastal areas of Balochistan. The Court viewsthis as a violation of Article 9 of the Constitution and orders the chief secretary of Balochistan toconduct an inquiry to determine whether coastal land in that province, or in any area within theterritorial waters of Pakistan, had been or was being allotted to any persons for the purpose ofconverting such areas into a dump site. If any such allotment had been made or applied for, fullparticulars were to be supplied to the Court.The Court orders that authorities with responsibility for allotting coastal land insert a condition in thelegal document granting an allotment providing that the allottee shall not use the land for dumping,treating, burying or destroying by any device waste of any nature including industrial or nuclearwaste in any form, and that the Balochistan Development Authority should obtain a similarundertaking from those to whom land has already been allotted.06Processes andInstitutions72EnvironmentalLaw in PakistanFederal6.2.3 General Secretary, West Pakistan Salt Miners Labour Union,Khewra, Jhelum v. Director Industries and Mineral Development,Punjab, Lahore (HR No. 120 of 1993), 1994 SCMR 2061The petitioners seek enforcement of the right of area residents to clean water, free of pollution fromcoal mining being carried out in the same water catchment area. It is alleged that if the mines areallowed to continue their activities, which extend into the catchment area, the water course,reservoir and the pipelines will be contaminated.