ISLAMABAD - The Supreme Court on Friday said that the courts around the globe have a role to play in reducing the effects of climate change for our generation and for the generations to come.
A two-member bench of the apex court comprising Justice Manzoor Ahmed Malik and Justice Mansoor Ali Shah said this in a judgment announced on the appeal of D G Khan Cement Company Ltd. The bench said in the judgment, “Through our pen and jurisprudential fiat, we need to decolonize our future generations from the wrath of climate change, by upholding climate justice at all times.”
The apex court turned down all the contentions of DG Khan Cement and upheld the notification dated 08-03-2018. It said that the Notification is in accordance with the provisions of the Ordinance and negative area can be planned and designed banning industrial activity within its bounds.
It was on March 8, 2018 when the Punjab Industries, Commerce and Investment Department had issued a notification under Sections 3 and 11 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, introducing amendments in Notification dated 17.09.2002 to the effect that establishment of new cement plants, and enlargement and expansion of existing cement plants shall not be allowed in the “Negative Area” falling within the Districts Chakwal and Khushab.
The apex court that democracy, anywhere in the world is pillared on the rule of law, which substantially means rights based rule of law rather than rule based; which guarantees fundamental values of morality, justice, and human rights, with a proper balance between these and other needs of the society.
It said that post climate change, democracies have to be redesigned and restructured to become more climate resilient and the fundamental principle of rule of law has to recognize the urgent need to combat climate change. Robust democracies need to be climate democracies in order to save the world and our further generations from being colonized at the hands of climate change, SC added. The court said that premabulare Constitutional value of democracy under our Constitution is in effect climate democracy, if we wish to actualize our Constitution and the fundamental rights guaranteed under the Constitution for ourselves and our future generations.
The judgment said that in adjudicating water and water-related cases, judges should be mindful of the essential and inseparable connection that water has with the environment and land uses, and should avoid adjudicating those cases in isolation or as merely a sectoral matter concerning only water.
