LAHORE - In an important case about the issue of smog that has become the challenge of the day, the Lahore High Court last week observed that the Punjab government had failed to spread timely awareness among the public.

Chief Justice Syed Mansoor Ali Shah sought evidences of the government’s claims that it had cautioned the public about this issue through the newspapers. The answer of the environment secretary, however, was much interesting. The secretary, as most of the government officials do in other cases, tried to manipulate the facts. “It is actually the burning of at least 32 million ton of remains in Indian Punjab that has caused this smog in Pakistan,” the secretary told the court.

The answer intrigued the court which asked him that about the steps taken up by the government to tackle the issue. The official replied “they sensitised the public through awareness campaign in media”.

Surely, it was another interesting reply which exposed the government’s planning that whether just awareness was sufficient instead of doing something practically for the public. The court directed the official to come up with evidence of government’s claims about public awareness.

It was good luck of the Punjab Environment department to get one month time to prepare its answer on smog which in few days will disappear from the horizon. Let’s wait for the best answer of the government on this issue by the next hearing, Dec 14.

Meanwhile, the LHC gave last opportunity to ministry for finance to file a reply about levy of sales tax on petroleum products. It was another case of public interest, as the government is charging tax on POL products instead of replying timely to the court despite that the matter has been lying pending for last many months.

Punjab Opposition leader Mian Mahmoodur Rasheed had challenged the sales tax for being unlawfully imposed through his counsel Sheraz Zaka advocate. The petitioner’s counsel said the Supreme Court recently decided that any notification issued by the federal government would be required an approval from the cabinet. He maintained the imposition of sales tax on petroleum products was a violation of fundamental rights and an exploitative practice. But no answer was submitted by the government.

At this, the court adjourned hearing till Dec 1, giving last opportunity to finance ministry to submit its reply on the matter.

Besides this case, the LHC dismissed bail of former project director of DHA City Brig (r) Khalid Nazir Butt, a key suspect in Rs16 billions scam being investigated by the National Accountability Bureau (NAB).

According to the bureau, another key suspect Hammad Arshad, CEO of Globaco, had secured a contract from DHA-EME in 2009 to acquire 25,000 kanals land for the establishment of DHA City. It said the company failed to acquire the agreed land and issued allotment letters and collected around Rs15.47 billion from public.

Brig (r) Butt was accused of signing a vague contract with Globaco Company. The bureau said Butt allowed the company to launch the project without acquisition of land and getting the master plan approved from the executive board of DHA. The suspect’s counsel, however, argued that his client committed no embezzlement or took any monetary benefit out of the project. He stated all the allegations against his client were fabricated and an attempt to save real culprits.

The counsel asked the bench to release Butt on bail. However, the bench headed by Justice Mirza Viqas Rauf dismissed the bail petition.

During the week, a very interesting law point surfaced during arguments in an anti-terrorism case. The LHC directed the Punjab prosecution department to assist the court that whether a suspect charged under anti-terrorism law could be acquitted following reconciliation with complainant. A division bench headed by Justice Abdul Sami Khan sought this assistance on an appeal of the prosecution challenging acquittal of PML-N MNA Abid Raza in a murder case of six persons including two police constables.

Abid Raza was elected to the assembly from NA-207, Gujranwala in 2013 elections. An ATC in Gujranwala had awarded Raza and others death sentence in 2001. Later he was acquitted following reconciliation with the families of the victims. The Supreme Court had taken suo motu notice of the acquittal during an election matter pertained to eligibility of the Raza and revoked the acquittal of the suspects. The apex court had referred the matter to the high court with direction to decide the issue of acquittal afresh.

Earlier, the prosecution had argued that offenses under the Anti Terrorism Act are non-compoundable and the suspect cannot secure his acquittal on the basis of reconciliation. The Supreme Court had also endorsed this view in a number of judgments, it pleaded.

During Thursday’s hearing, MNA Raza and other suspects also appeared before the bench. However, their lawyers were not present and, thus, the hearing was adjourned until Nov 16.