1. ' Former states that learned counsel for the complainant has gone to Islamabad in connection with his professional engagements. Prays for adjournment. Allowed. Also issue notice to respondents Nos. 1 and 2 and get them served through DO (E) Sheikhupura. To come up on 1-6-2011.
2. (Sd)/- (Sd)/- (Sd)/- Khawaja Muhammad Afzal Ch. Khalil Ms. Gulzar Butt (Chairperson) (Member Tech.) (Member. Legal)
3. ' I, agree the issuance of notice to the respondent but respectfully disagree the mode adopted by the worthy Chairperson in this case and in all other pending cases, upon the following reasons:--
(i) The relevant provisions prescribed for the issuance of process under Criminal Procedure Code are sections 68 to section 93. The court is empowered to issue summons/warrant of arrest with or without surety to compel the appearance of any party. For this, SHO of the concerned Police Station is the agency whose services can be adopted for this purpose.
(ii) The modes are also prescribed under Rule 21 of the Environmental Tribunal (Procedure & Functions) Rules 2008 which reads as follows:-
21. Service of process...(1) Any process issued by the Tribunal against a person residing within its territorial jurisdiction shall be served through bailiff or Registered Post acknowledgement due or by publication in news paper or through S.H.O of Police Station, within whose jurisdiction the person, corporate body or any other authority process indended to be served, resides, carries on business or work for gain, shall be bound to effect service on the person in who's name the process is issued by the Tribunal.
(2) The SHO of Police Station concerned shall also be responsible for executing any warrant of arrest against any person within his jurisdiction.
4. ' Keeping in view the above provisions, serving notice through District Officer (Environment) DO (E) concerned is not permissible as DO(E) acts as complainant and witness in the case. Therefore, his report regarding the service of respondent cannot be relied upon safely. Therefore, issuance of notice through DO(E) to compel the appearance of respondent is illegal as not permissible underlA any law.
5. (Sd)/- Ms. Gulzar Butt (Member Legal)