ISLAMABAD: The six-member constitutional bench on Thursday began hearing the cases, pending in the Supreme Court for years, in Court Room No 3.

The cause list for November 14 and 15 states that about 34 cases would be heard by the six-member constitutional bench led by Justice Amin-ud-Din Khan.

This marks the first hearing of the new bench, created under the 26th Constitutional Amendment.

Eighteen of these cases will be heard by the bench today and the remaining 16 will be heard on Friday (tomorrow).

Apart from Justice Amin, the constitutional bench comprises Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan.

In view of the unavailability of Justice Ayesha A Malik on November 14 and 15, a relevant committee had decided that a bench comprising all available judges shall be constituted to proceed with cases on these dates.

The bench will hear environment-related cases including the one that has been pending with the Supreme Court since 1993 as well.

A review petition against the dismissal of a case challenging the nomination of Justice Qazi Faez Isa as chief justice of the Balochistan High Court, filed by Riaz Hanif Rai Advocate, is also being heard by the bench.

The bench will also take up a plea seeking a rescheduling of the 2024 elections as it was prayed before the court that the elections should be held between February and March.

Similarly, the constitutional bench will also take up cases related to pleas seeking disqualification of lawmakers, possessing business and assets abroad besides taking up cases related to pleas seeking a ban on government servants for contracting marriages with foreign nationals as well as suo motu a case taken up by former chief justice Isa regarding use of Conventional Centre, Islamabad for private purposes.

In today’s hearing, Justice Mazhar stated that all environmental matters would be overseen, while Justice Musarrat Hilali emphasised that housing societies are being constructed everywhere in the country.

The Supreme Court noted that a letter had been received regarding plans to convert Islamabad into an industrial zone. Justice Mandokhel pointed out that environmental pollution is a nationwide issue, not limited to Islamabad, and highlighted that vehicle smoke is a major cause of pollution.

He also questioned whether efforts are being made to reduce this smoke.

During the hearing, Justice Naeem Akhtar expressed concern about the destruction of fields and farms due to housing societies and stressed that farmers need protection.

He further remarked that while nature has provided fertile land, it is being destroyed. He questioned what actions are being taken for future generations.

Justice Mandokhel remarked that the state of Punjab is evident, and that Islamabad had similar conditions just a few days ago. Justice Mazhar asked why the Environment Protection Authority is not fulfilling its role, noting that the issue has been ongoing since 1993 and needs to be resolved.

He also pointed out that the entire country is facing serious environmental challenges.

Justice Mandokhel mentioned that something being mixed into petrol is contributing to pollution. Justice Hilali raised concerns about the proliferation of poultry farms and marble factories in Mansehra, as well as the pollution affecting some of Swat’s beautiful locations.

Justice Mazhar questioned the need for institutions if the court itself has to oversee the matter.

Further, Justice Hilali pointed out that no construction can take place without the Environmental Agency’s approval, yet housing societies continue to spread despite the agency’s presence.

She also highlighted the problem of marble factories being located next to school buildings in Khyber Pakhtunkhwa. Justice Hilali noted that officers of the Environmental Agency in Islamabad rarely leave their offices, and that smog has become a significant issue.

Justice Mandokhel asked about the causes of smog and how it can be eliminated. The Director General of the Environmental Agency reported that important actions had been taken following court orders.

Justice Afghan remarked that housing societies are replacing farms, with Lahore’s pollution now reaching Sheikhupura. He noted that Islamabad is also facing an overabundance of housing societies, which are destroying fertile land.

Justice Afghan questioned why flats are not being promoted instead of housing societies, adding that farming is being destroyed, and the environment is worsening.

The constitutional bench then requested reports from all provinces regarding measures to combat environmental pollution and postponed the hearing for three weeks at the request of the Additional Attorney General.

The court also sought information on actions taken to eliminate pollution and consolidated all related cases.

Meanwhile, the bench also dismissed the case related to narcotics on the grounds that it had become ineffective.

Similarly, the petition challenging the appointment of Qazi Jan Mohammad was also dismissed due to its ineffectiveness.

In another case, the court disposed of the petition against the appointment of Muhammad Sohail as the Director General of the Malir Development Authority.

Moreover, the review petition filed against former top judge Qazi Faez Isa’s appointment as Chief Justice of the Balochistan High Court was also dismissed.