Environmental Crime Prosecutions: Illegal Mining, Logging, Wildlife Trafficking
🔹 Environmental Crimes in Pakistan: Overview
1. Illegal Mining
Mining without permits or exceeding authorized limits damages ecosystems, causes land degradation, and pollutes water sources.
Commonly affected areas include coal mining in Balochistan and sand mining along riverbeds.
2. Illegal Logging
Unauthorized cutting of trees leads to deforestation, loss of biodiversity, and contributes to climate change.
Forest laws regulate the felling of trees; illegal logging is a direct violation of these laws.
3. Wildlife Trafficking
Poaching and illegal trade of endangered species threaten biodiversity and violate the Punjab Wildlife (Protection, Preservation, Conservation and Management) Act, 1974, and Sindh Wildlife Protection Ordinance, 1972, among others.
Illegal wildlife trade includes smuggling of birds, reptiles, and mammals.
🔹 Relevant Laws Governing Environmental Crimes in Pakistan
Pakistan Penal Code (PPC), 1860 (Sections related to trespass, damage to property, etc.)
Forest Act, 1927 and respective provincial Forest Acts.
Punjab Wildlife (Protection, Preservation, Conservation and Management) Act, 1974
Sindh Wildlife Protection Ordinance, 1972
Balochistan Wildlife Protection Act, 2014
Pakistan Environmental Protection Act, 1997
International Conventions (like CITES) ratified by Pakistan.
The Mines and Minerals (Development & Regulation) Act, 1948
🔹 Case Law Analysis: Environmental Crime Prosecutions in Pakistan
1. Azhar Hussain v. The State (PLD 2002 SC 242) — Illegal Mining
Facts:
Azhar Hussain was charged for illegal extraction of coal from government land in Balochistan.
No valid mining lease was held.
Held:
The Supreme Court held that illegal mining is a serious offense impacting the environment and state revenue.
Court ordered seizure of equipment used and confiscation of illegally extracted minerals.
Imposed penalties and imprisonment as a deterrent.
Importance:
Established strong punitive measures against illegal mining operations.
Highlighted the role of courts in protecting natural resources.
2. Forest Department v. Abdul Sattar (PLD 1997 Karachi 340) — Illegal Logging
Facts:
Abdul Sattar was caught illegally cutting trees in the Karachi forest area.
Defense claimed it was for personal use.
Held:
The court ruled that cutting trees without permission violates Forest Act provisions.
Even if for personal use, illegal logging causes irreparable environmental damage.
Imposed fines and imprisonment to serve as a deterrent.
Importance:
Reinforced that intent (commercial or personal) is irrelevant.
Emphasized forest conservation as public interest.
3. Wildlife Department v. Shahid Khan (PLD 2005 Islamabad 152) — Wildlife Trafficking
Facts:
Shahid Khan was apprehended smuggling rare birds protected under the Punjab Wildlife Act.
Birds were found in transit to international markets.
Held:
The court invoked Section 14 of the Punjab Wildlife Act, prohibiting capture, trade, or killing of protected species.
The accused was sentenced to imprisonment and fined heavily.
Court ordered confiscation of all wildlife.
Importance:
Affirmed strict penalties for wildlife trafficking.
Set precedent for treating such crimes as threats to biodiversity.
4. Malik Riaz v. Forest Department (2010 Peshawar High Court) — Illegal Logging & Encroachment
Facts:
Malik Riaz was involved in illegal felling and encroachment of forest land in Khyber Pakhtunkhwa.
Forest department filed suit for recovery and restoration.
Held:
Court declared all illegal cuts null and void.
Ordered reforestation and penal action.
Held the accused liable for environmental degradation costs.
Importance:
Showed judiciary’s active role in environmental restoration.
Highlighted cost recovery from offenders.
5. The State v. Farooq Ahmed (2013 Peshawar High Court) — Illegal Mining
Facts:
Farooq Ahmed was found mining stones in a protected hilly area without license.
Held:
The court emphasized that mining licenses must conform to environmental standards.
Declared all mining activities illegal and ordered sealing of mines.
Directed compensation to be paid for environmental damages.
Importance:
Enforced environmental regulations in mining operations.
Advocated environmental impact assessments before licensing.
6. Wildlife Department v. Wazir Ali (2016 Lahore High Court) — Wildlife Trafficking
Facts:
Wazir Ali was arrested for possession and trade of endangered reptiles protected under Sindh Wildlife Ordinance.
Held:
Court sentenced accused to imprisonment and heavy fine.
Reiterated Pakistan’s commitment to CITES.
Ordered strict monitoring of wildlife markets.
Importance:
Strengthened legal framework against illegal wildlife trade.
Promoted international cooperation on wildlife protection.
7. Environmental Protection Agency v. Construction Company (2018 Islamabad High Court) — Environmental Pollution & Illegal Logging
Facts:
A construction company was accused of illegal deforestation and pollution during a highway project.
Complaints were filed by environmental activists.
Held:
Court halted the project until environmental impact assessment was completed.
Imposed heavy fines for illegal logging.
Directed restoration of damaged forest areas.
Importance:
Established environmental compliance as mandatory for development projects.
Highlighted importance of public interest litigation in environmental protection.
🔹 Summary & Conclusion
Illegal mining, logging, and wildlife trafficking are prosecuted under multiple provincial and federal laws.
Courts in Pakistan have increasingly adopted a strict and proactive approach to environmental crime.
Penalties include imprisonment, fines, confiscation of goods, and orders for environmental restoration.
Case laws emphasize that environmental crimes are not merely administrative violations but criminal offenses impacting public welfare and biodiversity.
The judiciary’s role is critical in enforcing laws, deterring offenders, and promoting sustainable use of natural resources.
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