IHC refuses to stay plastic bag ban

Replies sought from climate change ministry, Pak-EPA in a month

ISLAMABAD: An attempt by plastic bag manufacturers to secure a court injunction against a ban on plastic bags in the federal capital failed on Thursday after the court refused to issue a stay order against the import, manufacture and sale of plastic bags.

The order was issued on Thursday by a single bench of the Islamabad High Court (IHC), comprising Justice Miangul Hassan Aurangzeb as it heard a plea filed by plastic bag manufacturer Poly Star among others.

In the petition, filed by Barrister Momin Malik on behalf of the petitioners, it was argued that the ban imposed on the manufacture, import, sale, purchase, storage and usage of plastic bags in the federal capital by the Pakistan Environmental Protection Agency (Pak-EPA) was unconstitutional because it violated their basic rights. Moreover, it would violate an order of the Sindh High Court which prevented the authorities from harassing them.

Plastic bags banned at all airports across the country

Moreover, the petitioner contended that the federal government, the Ministry of Climate Change, Pak-EPA and the district administration should be stopped from banning the manufacture and sale of biodegradable polythene bags.

Further, the petitioner also contended that the respondents had allegedly allowed a private company to manufacture polypropylene bags even though studies conducted by the environmental agency of England found that polypropylene bags were more conducive to global warming.

The court, though, issued notices to Climate Change Ministry secretary, Pak-EPA director general (DG) and the Islamabad deputy commissioner to file their report on the matter with para-wise comments within a month.

In its verdict, the court also barred the government from taking any coercive measures against the petitioners until next hearing and they were allowed to distribute and use ‘permitted bags’: bags made of materials other than polythene such as jute, paper, cloth, papyrus, and biodegradable material such as potato starch. The court also summoned the Attorney General Pakistan (AGP) to appear in person at the next hearing scheduled for September 18.

Published in The Express Tribune, August 9^th, 2019.