ISLAMABAD: The Supreme Court expressed grave concern over the slow progress in appointment of the chairman and the members of the Climate Change Authority.
A five-judge Constitutional Bench, headed by Justice Aminuddin Khan, on Friday, heard a petition of Public Interest Law Association of Pakistan against the federal government’s failure to form an authority and allocate funds to combat climate change.
A three-judge SC bench on 1st August 2024 had given the last chance to the secretary Ministry of Climate Change to constitute the Climate Change Authority and place its notification by 15th August.
Despite passing of seven months, the federal government failed to appoint the chairman and the members of the authority.
During the proceedings, Justice Jamal Khan Mandokhel, said the climate change is a serious issue, adding the government should have proceeded in this matter with “leopard speed rather than turtle”.
Additional Attorney General (AAG) Aamir Rehman said that the government had to advertise a third time for the appointment of the chairman. Justice Mandokhel inquired why the desired result could not be achieved in the last two attempts. The AAG replied that the individuals who were short-listed for the post of chairman held dual nationality, adding it is the government policy that dual nationals would not be appointed to top positions.
Justice Mandokhel observed that the government would have to compromise on the chairman’s appointment. He said the main stakeholders in climate change are the provinces; therefore, need to see how the authority would function there.
Aamir Rehman informed that the provinces have nominated members for the Authority. Justice Amin remarked that Khyber Pakhtunkhwa’s nominated member is the brother of KP chief minister, while the member from Balochistan is vice-chancellor of a university.
Justice Mandokhel said he knows the Authority’s member from Balochistan, adding he has no relevant experience. He further said that the nominated members of Sindh and Punjab are bureaucrats. The AAG said they would request the provinces to nominate technocrats.
Justice Mandokhel then questioned whether the Authority Rules have been framed? The additional attorney general submitted that the draft of rules has been sent to the Ministry of Law and Justice for approval. Justice Mandokhel noted that Pakistan Climate Change Act, 2017 was promulgated on 31.03.2017, but neither the chairman of the Authority has been appointed nor its rules were framed.
The case was adjourned for one month.
It is the stance of the Public Interest Law Association of Pakistan that climate change is a serious existential threat to Pakistan. Considering its critical importance, the Pakistan Climate Change Act, 2017 was promulgated on 31.03.2017 with the objective of providing comprehensive adaptation and mitigation policies, plans, programmes, projects and other measures required to address the effects of climate change and for matters connected therewith and ancillary thereto.
His grievance was that Section 5 of the Act envisages the establishment of the Pakistan Climate Change Authority, and without the absence of such Authority, the entire Act has been rendered ineffective. It was also submitted that the Pakistan Climate Change Fund under Section 12 of the Act has also not been set up. Further, unless the authority is established the said Fund cannot be managed under Section 13.
Copyright Business Recorder, 2025
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