1. For reasons to be recorded later, this complaint is accepted and a fine of Rs, 50,000 is imposed upon the respondent for admittedly causing pollution for eight months The fine will be deposited in the treasury within 30 days from today. I have consulted learned Member Legal and learned Member Technical regarding quantum of fine to be imposed but they have left the matter to me.
2. (Sd)/- (Sd)/- Khawaj a Muhammad Afzal Ch. Khalil (Chairperson) (Member Tech.)
3. Respectfully adds that while passing the above order the procedure laid down in Cr.P.C. Has not been correctly followed. It is mandatory upon the courts adjudicating under Criminal Procedure Code to follow the procedure laid down in chapter XXII-A and prior to pass any conviction, charge has to be framed under section 265-D, Cr.P.C., which shall be read over and explained to the accused, and shall be asked whether he pleads guilty or has any defence to make under section 265-E, Cr.P.C. If accused pleads guilty it becomes compulsory for the court to record the plea and thereafter may convict thereon as per its discretion. The worthy Chairperson has not adopted the above mandatory provisions of law prior to announcement of conviction in terms of fine which may be termed as great lacuna.
4. (Sd)/- Ms. Gulzar Butt (Member Legal)