Public Interest Litigation (PIL)

Public interest litigation is that it is a source of litigation where few people can
protect the right of million of other people.
PIL can be filed only in a case where public interest at large is affected. Merely
because, only person is effected by state inaction is not a ground for Public Interest
Litigation.
There are some of the possible areas where public interest litigation can be filed like
Environment, Human rights, Child labour, Consumer protection laws, In the field of
Environment the issues are Air pollution, cutting down trees, causing noise
pollution, illegal construction causing environmental pollution, Biodiversity Misuse
of natural resources.
Shehla Zia vs WAPDA
A true case of PIL took place in 1994 when Shehla Zia and others; petitioners,
residents of a locality in Islamabad filed a case against The Water Resources and
Power Development Authority (WAPDA); respondents, in connection with the
construction of a grid station near a residential area was challenge and protection
was sought from being exposed to the hazards of an electro - magnetic field or any
other such hazards. The Petitioners protested on the ground that the
electromagnetic field created by the high voltage transmission lines would be
hazardous to their health. Moreover, the designated green belt in that area would
be destroyed.
Legal Aspect of the Case
Citizens, under Art .9 of the Constitution of Pakistan were entitled to protection of
law from being exposed to hazards of electromagnetic field or any other such
hazards which may be due to installation and construction of any grid station, any
factory, power station or such like installations.
Article 184 of the Constitution, therefore, could be invoked because a large number
of citizens throughout the country could not make such representation and may not
like to make it due to ignorance, poverty and disability.
The Supreme Court appointed NESPAK as commissioner to examine and study the
scheme, planning device and technique employed by WAPDA and to report about
the likelihood of any hazards or adverse effect on health of the residents of the
locality and to suggest any variation in the plant for minimizing the alleged danger.

The Supreme Court observed that the likelihood of any hazard to life by magnetic
field effect cannot be ignored. At the same time the need for the constructing grid

station which are necessary for industrial and economic development can not be
lost sight of .From the material produced by he parties it seems that while planning
and deciding to construct the grind station WAPDA and the government Department
acted in a routine manner without talking into consideration the latest research and
planning in the field nor any thought seem is to have been given to the hazard it
may cause to human health. In these circumstances before passing any final order,
with the consent of both the parties we appoint NESPAK as commissioner to
examine and study the scheme planning, device and technique employed by
adverse effect on the health of the residents of the locality.
It was further directed that in future prior to installing or constructing any grid
station and or transmission line, they would issue public notice in newspapers,
radio, television inviting objections and to finalize the plane after considering the
objections if any, by affording public hearing to the person filing objections .This
procedure shall be adopted and continued by WAPDA till such time the Government
constitutes any commission.
Conclusion
This case was filed in the Supreme Court when there was no such law available on
Environment. It was registered as human right case in the Supreme Court under
article 184(3), and article 9.After the decision of Supreme Court it was seriously
observed and realized that legislations on Environmental issues are badly required
to protect the right of life of the citizens. The most important part of this case was
the titanic struggle of the great lady. She was so consist and so persistent in
following this case that at the end all NGOs, IUCN and leading lawyer of the
country joined her life saving struggle as a party in the case. It was Shehla Zia who
can rightly be called the real force in making Pakistan Environmental Protection Act
1997.Now in all issues relating to environment every citizen of this country may file
case/complaint in violation of environmental issues in Environmental Tribunals and
Environmental Magistrates. One hard struggle of a citizen has made the life of
millions of other citizens easy, comfortable and saves through this litigation.