ISLAMABAD: The Supreme Court (SC) has hinted at initiating contempt proceedings against the secretary of the Ministry of Climate Change if he failed to constitute an authority under the law dealing with issues related to climate change.
A three-member bench of the apex court headed by Justice Syed Mansoor Ali Shah and comprising Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan issued the written order of hearing held on July 30, 2024 in a petition filed by Meherbano Ahsanuddin vs Federation of Pakistan, seeking formation of an authority under the law to deal with issues related to climate change.
“As a last opportunity, we direct the ministry concerned to ensure that the authority stands constituted and the notification thereof is placed on the record not later than 15.08.2024 and in case this is not done the secretary, Ministry of Climate Change, will appear in person to answer why contempt proceedings should not be initiated against him,” says the written order.
The court noted that Vide order dated 01.07.2024 (last order), it was directed that the Authority under the Pakistan Climate Change Act, 2017 (“Act”) be constituted within a fortnight from the said date without fail and the notification of a duly constituted Authority be placed on the record before the next date of hearing. However, the secretary Climate Change has pointed out that interviews have not yet been completed and the authority has not yet been constituted and they require another month to do the needful.
“It is noticed with concern that the Act was promulgated seven years ago, but the Authority has not yet been established under Section 5 of the Act,” says the written order adding that the last order was passed on 01.7.2024 giving a fortnight to constitute the Authority.
“Today it is 30.7.2024 – almost a month has passed and yet there is no progress in the matter while the Ministry seems to take the issue of climate change rather casually,” the court noted adding that the urgency expressed in the matter by the court is because of the upcoming monsoon rains.
The court held that the Authority needs to be in place to deal with all climate-related challenges but the ministry does not appear to understand or appreciate the urgency.
The court noted that the chairman, National Disaster Management Authority (“NDMA”) gave a detailed presentation to the court, a copy of which has been placed on the record clearly showing the disaster management and disaster prevention preparation especially in the context of floods.
The court further noted down in its order that the secretary, Climate Change, was asked to place on the record the Climate Change Policy of the Federal Government, as well as, the steps taken thereunder. “He referred to the Climate Change Policy 2012 (updated in 2022), as well as, the project of Living Indus, but could not point out the substantial challenges faced by the country regarding climate change and the concrete steps taken on the ground to address those issues,” says the written order.
With no concrete input from the secretary, the court said that Attorney General was asked to look into the matter himself and assist the court tomorrow in this regard.
The court further noted that the chief secretary, Punjab submitted that there is no notified Climate Change Policy in Punjab; however, the same is under preparation adding that the provincial government has engaged Dr Kausar Abdullah, as well as, Asghar Leghari, Advocate, to assist them in the preparation of the said Provincial Climate Change Policy, which will be presented before the court within a month from today.
“Similarly, the chief secretary, Sindh, while referring to his report filed through CMA highlighted several areas where the government of Sindh has made meaningful interventions regarding climate change,” says the order adding that he referred to the scheme of “Afforestation and Decarbonization.”
“It appears that the government of Sindh has been actively working to address the issues of climate change faced by the province,” says the written order.
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