Ch. Imran Hassan Ali is representing the Petitioners in a Constitution Petition challenging the Khyber Pakhtunkhwa Power Crusher Rules, 2020. Through these rules, the Government of KPK has reduced the safe distance for power crushers from places of human habitation from 1000 metres to 500 metres in urban areas and 300 metres in rural areas, which has created an environmentally disastrous situation for hundreds of thousands of people in the province of KPK.
On 15-06-2021, the Supreme Court accepted preliminary arguments of the Petitioners and issued notice to the Government of KPK. The Court also directed the relevant authorities to inspect the power crushers near Petitioners’ village to make sure that they are complying with the current national environmental quality standards. The Court also added the power crusher owners as respondents in the Constitution Petition.
On 06-04-2022, Imran submitted on behalf of the petitioners that the power crusher owners are harassing and intimidating the locals to make them sell their lands to them. He requested the Court to make an interim order to curb such coerced sales of land. The Court allowed the Petitioners’ request to place a moratorium on transfer of land around stone crushers in the area until further orders. This order will save the locals from undue harassment and pressure at the hands of unscrupulous power crusher owners.
On 25-04-2022, the Court decided to adopt an inquisitorial approach and appointed a special commission headed by the renowned environmental lawyer, Dr. Parvez Hassan, to inspect the operation of power crushers in KPK and to ensure compliance of environmental standards. The order can be downloaded by clicking here.
Further hearing of the case took place on 11-07-2024 and 12-07-2024. After lengthy and detailed hearing, the Supreme Court ordered immediate closure of three power crushers in village Suraj Galli, Tehsil Khanpur. The Court also directed the Government of KPK to file a detailed report about the status of almost 900 power crushers operating in the province of KPK. While noting that the existing National Environmental Quality Standards (“NEQS”) have become outdated, the Court also directed the Federal Government as well as all the Provincial Governments to update the NEQS/PEQS within a period of three months and submit their respective updated/revised EQS before the Court. The said order has been approved for reporting. It can be downloaded from the Supreme Court website by clicking here.
The power crusher owners are being represented by senior advocates Barrister Ch. Aitzaz Ahsan, Khawaja Haris Ahmad and Barrister Gohar Ali Khan.
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On 06-10-2022, the Honourable Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali as amicus curiae in a case pertaining to the forest laws. The question before the High Court is whether the law empowers the Government to impose any type of restrictions on citizens to cut down or remove trees from their private land.
The case was heard and decided on 26-02-2024. Imran’s assistance was generously appreciated by the Court in its judgment, which is reported at 2024 LHC 839 and can be downloaded from the Lahore High Court website by clicking here.
It is an honour for Imran. All praise is for Allah alone!
Ch. Imran Hassan Ali is representing the Petitioners in a Constitution Petition before the Supreme Court of Pakistan challenging the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Rules, 2020, as being ultra vires of the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Act, 2020 (KPK Act No. 1 of 2020) as well as the Constitution of the Islamic Republic of Pakistan, 1973.
On 15-01-2021, the Registrar of the Supreme Court refused to register the Constitution Petition and declared that under the Cosntitution such a petition could not be filed directly before the Supreme Court. He observed that the Petitioners should first approach the relevant High Court with their grievance.
The Petitioners challenged the said order of the Registrar through a Miscellaneous Appeal. On 12-04-2021, Ch. Imran Hassan Ali was heard in support of the appeal by the Honourable Justice Mushir Alam in chambers who allowed the appeal and overruled the objections of the Registrar and directed him to register the Constitution Petition so that it may be taken up by the Court on the judicial side.
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The Government of the Punjab initiated compulsory land acquisition proceedings on behalf of Lucky Cement (Pvt.) Ltd. for setting up of a cement plant and limestone quarry in village Buchal Kalan, Tehsil and District Chakwal. The project would have dispossessed a large number of villagers of their ancestral agricultural land. It would have stripped them of their identity, which is inextricable linked with their land. It would also have created unbearable environmental hazards for the population of surrounding villages. They would have been deprived of their right to life guaranteed by Article 9 of the Constitution of Pakistan, 1973. The villagers instructed Ch. Imran Hassan Ali, Advocate Supreme Court, to challenge the compulsoy acquisition of their land through a Constitution Petition before the Honourable Lahore High Court, Rawalpindi Bench. The Court accepted Ch. Imran Hassan Ali’s arguments at preliminary hearing of the case and issued an injunction restraining the Respondents from dispossessing the villagers. The Respondents instructed Barrister Syed Ali Zafar, the President Supreme Court Bar Association, to seek vacation of the injunction. However, the Court refused to vacate the injunction. Litigation continues. However, the villagers are safe for now.
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