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PHC Directs 6 DCs to Protect Glacial Ice in Snowbound Districts

PESHAWAR: While hearing a petition from environmentalist Tariq Afghan – who sought a government crackdown on the illegal harvesting and commercial exploitation of glacial ice in the Hazara and Malakand regions – the Peshawar High Court directed deputy commissioners across six snowbound districts to implement immediate preservation measures and enforce a ban on snow transportation within their jurisdictions.

Advocate  Tariq Afghan

A bench consisting of Justices Wiqar Ahmad and Farah Jamshed issued the directives in response to a report of the Khyber Pakhtunkhwa Environmental Protection Agency, saying, “In such circumstances, we issue orders to the deputy commissioners of Upper and Lower Chitral, Upper Dir, Swat, Mansehra and Upper Kurram to immediately take steps for preservation of all such glaciers and natural snow.”  The bench fixed Feb 17 for next hearing in the matter as the petitioner sought an immediate crackdown on illegal harvesting and commercial exploitation of glacial ice in Hazara and Malakand regions of the province.  Tariq Afghan , a lawyer who is also an environmentalist has urged the court to direct the KP Environmental Protection Agency to conduct a thorough investigation into the matter to identify culprits for legal action. He also requested the court to direct the respondents, including the EPA, the government and the deputy commissioners, to strictly enforce laws and regulations on environmental protection to prevent illegal glacier cutting for commercial purposes.
The petitioner sought the court’s orders for the federal and provincial governments to make special laws to conserve glaciers. Advocate Sajeed Khan Afridi appeared along with the petitioner, whereas deputy attorney general Akbar Yousaf Khalil and additional advocate general Bilal Khan represented the federal and KP government. During the hearing, the bench cited various paras of a report submitted by the EPA, which said representatives from local police and community members in those areas were of the view that snow harvesting could be a potential source of degrading environment.

“At the time of the visit, no significant snow harvesting activities were observed in the region. However local people confirmed that snow harvesting activities take place sometimes and this practice should be completely banned as it can contribute to climate change and extreme weather events,” the report said. The deputy commissioner of Upper Chitral had also submitted a report declaring that most assertions in the petition are correct.

Advocate Sajeed Khan Afridi insisted that his client learned about the illegal harvesting of glacial ice for commercial purposes, an activity that posed a serious threat to the environment, biodiversity and the lives of the people who got water from it. He said that on June 14, 2024, the petitioner submitted a detailed complaint to the EPA’s director-general about that illegal activity and sought immediate action. The counsel , however, complained that despite a lapse of considerable time, the EPA neither took any substantial action to address the issue nor did it inform the petitioner about progress on his complaint. He said that the petitioner belonged to one of the affected areas and that the people involved in the illegal business had been extracting ice from glaciers at lower levels.  The counsel apprised the bench saying people used to cut glaciers from the bottom and with rise in temperature, it also caused floods devastating downstream areas.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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