A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more
The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more
The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more
The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more
Mr. Syed Mansoor Ali Shah petitioned the High Court at Lahore, asserting that air pollution from vehicular emissions had severely affected human life by causing citizens to suffer diseases. Under Rule 163 of the Provincial Motor Vehicles Rules 1969, the owner of a vehicle was required by law to properly maintain the vehicle so that it did not cause damage or annoyance to …Read more
The Plaintiffs were lessees of Plot No.151-A, Block-II, PECHS Karachi (the plot), a residential complex. The lessor was the Ministry of Housing and Works, who was impleaded as Defendant No. 4 in the suit. The lease deed had a restrictive covenant which prevented the land from being converted from residential to commercial uses even after …Read more
The applicant was being held in jail (and had been in jail for a 7 years and 10 months), pending murder cases against him. On the basis of a medical report from the Medical Board, the applicant requested an immediate admission and move to Dr. Ziauddin Hospital, Karachi for treatment and bed rest and to …Read more
The appellant was an incarcerated woman who was pregnant and gave birth to a baby girl while in jail. She had earlier appealed her incarceration, but the appeal was dismissed with a provision to bring the application before the court again if there were any new developments regarding the viability of the foetus. The appellant …Read more
The Petitioner was a public spirited individual who sought to ban tobacco advertising on television by bringing a public interest petition under article 184(3) of the Constitution of Pakistan. He contended that cigarette companies’ advertisements were being broadcast on television. He also argued that smoking was an unhealthy habit which was steadily increasing in Pakistan, …Read more
The Petitioner, Ameer Bano, owned a house at Multan Road, Bahawalpur. She brought a claim before High Court of Lahore alleging that her right to life and freedom from disease under article 9 of the Constitution of Pakistan was violated by the breakdown of the sewerage system. The breakdown had caused dirty water to enter …Read more
The Supreme Court of Pakistan took suo moto cognizance of a news report in the English daily “Dawn” titled “N-Waste to be dumped in Balochistan?” The article stated that coastal areas in the Balochistan region were being acquired for the purposes of dumping nuclear and industrial waste. The Court had earlier directed the Chief Secretary …Read more
Residents and mineworkers of Khewra filed a petition under Article 184(3) of the Pakistani Constitution alleging that a lease had been improperly granted to a mining company within a reserved water catchment area, thus endangering the potability of the resident’s water supply which could be contaminated by poisonous water seeping from the mine. A government-constituted …Read more
The Petitioners were residents in a locality in Islamabad. The Water Resources and Power Development Authority (WAPDA) was to construct an electrical grid station in that area. 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 …Read more