The chief justice argued that it was a criminal case and relevant officials are equally responsible for it, asking who was held responsible for the deaths that occurred. PHOTO: PPI/FILE
The Peshawar High Court (PHC) has expressed dissatisfaction over an enquiry report of the Chashma Sugar Mills incident that killed 10 people in Ramak village of DI Khan, and ordered the mill’s owner to appear in person on June 18, the next date of hearing.
A two-judge bench of Chief Justice Mazhar Alam Miankhel and Justice Waqar Ahmad Seth was hearing the case. Environmental Protection Agency (EPA) Director General Dr Bashir, Industries Department Assistant Director Muhammad Hanif Khan and Additional Advocate General (AAG) Mian Arshad Jan appeared for the hearing.
When the bench took up the petition for hearing, the AAG told the court Rs2.5 million was paid to the families of each deceased while Rs0.5 million to those affected due to the incident which occurred on May 2.
The chief justice argued that it was a criminal case and relevant officials are equally responsible for it, asking who was held responsible for the deaths that occurred.
AAG Arshad Jan further said that under the West Pakistan Industries Ordinance, 1963, it was necessary to take a no-objection certificate to set up any factory but a notification issued by the federal government in 1991 revoked the condition.
Dr Bashir said from the very first day when the factory was established in 2009, they had collected samples of materials and told the district administration that it was hazardous to the environment.
The EPA chief informed the court they filed a case against Abbas Sarfraz Khan, the owner of the mill, in 2012 over the toxic fumes, adding they cannot proceed with another case for a period of two years when one is already pending.
He also said they have only eight inspectors for all of Khyber-Pakhtunkhwa while their total staff stands at 52, which creates problems for them to cover the entire province.
The court then ordered that no proceedings can be undertaken in the case as no one is present before the court on behalf of the mill’s owner. The office of the registrar is directed to ensure their presence through all possible means on June 18, including the petitioner, it stated.
On May 2, at least 10 people died, including women and children, and nine others fell unconscious after passing through a water channel that carried chemical waste from Chashma Sugar Mills-II to the Indus River.
A complaint was filed by Muhammad Hashim of DI Khan at PHC’s Directorate of Human Rights which has now been converted into a writ petition.
Published in The Express Tribune, June 12th, 2014.
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