Hafeez Pirzada | Farooq, Khan & Mirza - Corporate Counsel | Barristers | Advocates

As part of the Firm’s commitment towards pro bono legal work, Mr. Abdul Sattar Pirzada along with Mr. Mamoon N. Chaudhry represented public spirited citizens and social activists, renowned for their struggle and pursuit for the betterment and social uplift of masses before a Division Bench of the Honourable High Court of Sindh at Karachi in Constitutional Petition No. 5269 of 2014.

The Pakistan Atomic Energy Commission (“PAEC”) started preparing sites for two large K-2 and K-3 nuclear power plants in Karachi adjacent to Karachi Atomic Nuclear Power Plant (“KANUPP”). It was claimed by PAEC that each of the reactors will be larger than the combined power of all the nuclear reactors currently operating in Pakistan.

During the so-called plan for establishing the aforementioned nuclear plants, the public at large and / or the residents of the vicinity were not provided with any opportunity or right of hearing, notwithstanding the fact that they would be severely affected by the construction of the said nuclear plants. The conduct and the actions of the PAEC and Pakistan Nuclear Regulatory Authority (“PNRA”) disclosed a one-sided, arbitrary, capricious and high handed procedure on their part, in glaring violation of the applicable laws and whilst completely ignoring the safety of the residents of the area as well as the general public. It was apprehended that PAEC and the PNRA failed altogether to take into consideration the likely dangers to the citizens’ health and property and gave absolutely no importance in seeking the opinions or objections from the residents of the city where the nuclear plant was proposed to be constructed.

It is provided under Section 12 of the Pakistan Environment Protection Act, 1997 that no proponent of a project shall commence construction or operation unless he has filed with the Federal Agency an initial environmental examination or, where the project is likely to cause adverse environmental effect, an environmental impact assessment (“EIA”), and has obtained from the Federal Agency approval in respect thereof.

Moreover, as per the Schedule II provided in the Pakistan Environmental Protection Agency, Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000 (“the Regulations”), filing of EIA is mandatory before the Environmental Regulatory Bodies is mandatory for the construction nuclear power plant.

Through the petition, the failure of the Respondents to comply with the mandatory applicable laws was challenged and directions were solicited from the Honourable Court that a public hearing shall be held and EIA in accordance with law shall be filed by PAEC after proper public participation.

The Honourable Court was pleased to pass an order whereby the Respondents were directed to comply with the provisions of the applicable law and submit an EIA in respect of the aforementioned projects after full public participation.