1. ' Mr. M. Irshad Chaudhry Advocate has filed an application under Order I, Rule 10, C.P.C. For impleading Bilal Awan appellant in Appeal No, 2 of 2009 as respondent No, 2 in this complaint.
2. Neither respondent No, 1 nor the complainant has any/objection if Bilal Awar is impleaded as respondent No,2. Order accordingly. Learned ADPP is directed to file amended complaint on 22-3- 2011.
3. (Sd)/- (Sd)/- Khawaj a Muhammad Afzal Ch. Khalil (Chairperson) (Member Tech.)
4. ' In the instant complaint, one Bilal Awan moved an application under section 21(6) Pakistan Environmental Protection Act, read with Order I, Rule 10 and section 151, C.P.C. With the pray to implead him as respondent No,2 in the interest of justice.
5. ' I respectfully do not agree with the Order dated 9-2-2011 passed by worthy Chairperson. My findings upon the issue are as follows:-- ' Referring Rule 13 of the Environmental Tribunal Rules, 1999, which reads as follows:-- "The Code of Criminal Procedure, 1898 (Act V of 1898) shall apply to proceedings before the Tribunal relating to trial of offences under section 17".
6. ' Moreover, the Tribunal under section 17 of the Pakistan Environmental Protection Act, 1997 is competent to take cognizance against the person who contravenes or fails to comply with the provisions of sections 11, 12, 13 or section 16 and for this purpose: sphere of jurisdiction and powers are provided in section 21 of the Act.
7. ' By virtue of section 21 subsection (4), Tribunal while exercising criminal jurisdiction, shall have the same powers as are vested in Court of Session under Code of Criminal Procedure. Although subsection (6) of section 21 provides that in all matters with respect to which no procedure has been provided for in this Act, the Tribunal shall follow the procedure laid down in the Code of Civil Procedure, but while exercising jurisdiction under any law, the Tribunal certainly not to negate the substantial principles of natural justice in coining its own procedure for criminal jurisdiction or civil jurisdiction by overlapping each other in particular matter. Therefore, in all the complaints whether filed by Environmental Protection Agency or by private person, criminal jurisdiction has to be exercised under Cr.P.C. And general principles of natural justice incidental to applicability of criminal procedure law should be adopted. The Criminal Procedure Code carries no provision which supports the addition of party during the trial.
8. ' The instant complaint filed by E.P.A fixed allegation against Messrs Wi-Tribe, the offender: against which trial has been commenced and while vide .An Order dated 29-10-2009 the case was fixed for framing of charge, Bilal Awan applicant surprisingly produced himself to stand at the stage; of accused/Offender/Pollutant/ respondent whatever the result of the complaint may be. This brave attitude of applicant must be with same high consideration.
9. ' In view, what has written above, the application in hand is dismissed.
10. (Sd)/- Ms. Gulzar Butt (Member Legal)