Humayun Khan
PESHAWAR: A divisional bench of the Peshawar High Court comprising of Chief Justice Qaisar Rashid Khan and Justice Shakeel Ahmad directed Secretary Mines and Mineral and concerned Commissioner to resolve environmental issues in development projects for protections of forests and rivers and submit report before court, on Tuesday.
During hearing Chief Justice Qaiser Rashid remarked that unfortunately national assets have been unconstrained to foreign for exploitation which is unprecedented in rest of the world and added that department did not fulfilling their responsibilities without court’s intervention.
Moreover, Chief Justice remarked that tons of materials are excavating from rivers and added that no one available to own granting of permission while Commissioner Malakand& Hazara Zaheer-ul-Islam& Mathar Zeb respectively along with secretary Mine Muhammad Humayun appeared before on court.
Additional Advocate General Syed Sikandar Shah, Barrister for state Asad-ul-Mulk and petitioner’s counsel Muhammad Asghar Kundi, Nasir Naeem and Barrister Waqar also appeared before court.
The divisional bench took up twenty-one connected cases related to illegal mining and illegally established crush plants. It had previously been observed by the High Court that excavation of minor minerals (gravel, sand, boulders etc.) from river-beds and forested lands were on the face of it illegal.
The counsel for petitioner argued that they had been granted valid leases of minor minerals by the Minerals Title Committee and now under the pretense of the High Court’s orders their lawful mining activities were being halted.
The AAG Sikander Shah and Barrister Asad-ul-Mulk representing the provincial government and the Directorate General Mines and Minerals (DGMM) respectively contended that around 25 leases of minor minerals had been cancelled upon the direction of the High Court but the bulk of the people against whom action had been taken were not leaseholders rather illegal miners.
The report of the DGMM to the High Court reveals that 109 FIRs had been lodged in Swat, 91 in Chitral, 149 in Tamergara and 73 in Malakand against illegal miners. Justice Shakeel Ahmad observed how illegal mining disturbed aquatic and marine life in river Swat, Chitral, Kunar and Indus.
Chief Justice Qaisar Rashid Khan directed the Commissioner Malakand and Hazara to use the administrative force at their disposal and assist the Mining Department in identifying and taking legal action against illegal miners.
The divisional bench adjourned further hearing and directed respondents to bring the culprits to justice and devise a scheme to preserve the various rivers in Khyber Pakhtunkhwa.
