Law College in Multan II Best Law College in Multan
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In the era , criminal justice system depends on the exploitation of evidences by using forensic science and it's significant impact on curbing the crime. Forensic science is arguably considered the appliance of science to enforcement . Today,Law College in Multan forensic science encompasses an honest range of disciplines within the criminal justice system and there are numerous subdivisions that fall under this broad umbrella e.g. Forensic DNA/Serology, fingerprinting, questioned documents, firearms and kit marks analysis, digital forensics, explosive analysis, toxicology, forensic psychology, psychiatry & behavioral science, crime scene investigation etc. Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation.

This is a undeniable fact that Pakistan is facing several challenges since its creation which include over population, crime, terrorism, natural disaster ect. Several issues arise where it becomes necessary to identify a private by using scientific technique. Normally identification of person is conducted through DNA examination in cases of mass disaster Law College in Multanor murdered mutilated body. it's equally important to identify a suspect within the cases of sexual assault . This test is additionally conducted so on determine paternity/maternity, whenever it's in question.

In Pakistan DNA test has previously been reported to be conducted for the aim of identification of dead bodies, in various incidents including:

(i) Identification of terrorist and victims of suicide attack

(ii) Identification of victims of Baldia Town Factory Fire incident in Law College in Multan

(iii) Identification of Victims of plane crashes e.g. Bhoja Air Airbus crash in 2012, PIA Plane Crash in 2016

(iv) Use in Courts to resolve several criminal and civil matters

(v) to identify the important culprit within the cases of sexual assault Law College in Multan .

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Historical judgment of ATC in Zainab’s rape and murder case of Kasur within the year 2018, has established a strong precedent of conducting DNA test to dig out the important ity and to achieve the important culprit. it had been all for the efficacious, fair and just administration of criminal justice.Reliance was made on the evidence which was available on the thought of recent techniques and devices i.e. CCTV footage, Law College in Multan DNA test result and polygraph test. After such strong evidence there was no other option for the accused except to confess his guilt. But during this case also, reliance wasn't made only on DNA test results as a conclusive proof and it had been corroborated with other piece of physical, digital, forensic and circumstantial evidence alongwith confessional statement of the accused.

Biological Importance of DNA

Deoxyribonucleic acid, or DNA, could also be a double-stranded macromolecule containing the genetic information of a living thing . it's essential for the cell growth, division, and various other functions of an organism.[1]It is also the primary unit of heredity altogether kinds of organisms. In other words, whenever an organism reproduces, a number of their DNA is passed along to their next generation. Law College in Multan This transmission of all or a neighborhood of an organism's DNA helps to form sure a specific level of continuity from one generation to subsequent , while still allowing slight changes that contribute to the range of life.

The recognition that DNA carries the knowledge blueprint for all living organisms, and thus the mechanisms that translate the DNA code into the items of life, stands together of the great discoveries of recent science. From the sole microorganisms to the big trees and animals that inhabit the planet , all believe DNA for his or her existence. Law College in Multan Using far fewer biological "letters" than the 26-letter English alphabet, DNA spells out the instructions for how organisms live, reproduce, metabolize, mature and eventually die[2].

Importance of DNA Analysis in Cases of sexual assault

Presently the cases of sexual assault are rapidly increasing. the foremost problem arises when the offender tries to urge obviate all the possible available evidence from the crime scene. In most of the cases the victims are children of tender age who are mostly strangled to death after being sexually assaulted. In such cases it becomes very difficult to trace any evidence to achieve to the important culprit.

It was broken out through Dawn dated 20 January, 2018 that a report submitted to the National Assembly’s Committee on Human Rights, prepared by Additional Chief Secretary and additional officer of Punjab after Zainab’s incident revealed that within the year 2016 and 2017, 1,297 cases of child rape were reported in Punjab. Law College in Multan Out of the whole number, 252 cases were against girls while 1,045 were against boys. a minimum of 43 children were murdered after being subjected to sexual assault .[3] the foremost disappointing fact of the report was that police arrested 1,446 suspects. Only 21 were sentenced and 166 suspects were set free because of lack of evidence against them. This fact could also be an enormous question mark on the whole criminal justice system.

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Now the questions are:

Why the punishment cannot be pronounced solely on the thought of DNA test report within the cases of sexual assault?

What reasons reduce its evidentiary value and make corroboration necessary?

What measures should be adopted to increase the reliability of courts on this valuable piece of evidence for the aim of conviction.

Evidentiary Value of DNA Test Report within the Courts of Criminal justice in Pakistan In today’s practice the use of recent scientific techniques is inevitable so on supply speedy and efficacious justice. it is a well settled principle now that “Human beings may tell a lie but scientific analysis would reveal true facts”. Law College in Multan because the methods to commit a criminal offense are becoming more and more advanced which cannot be investigated through old traditional ways of investigation. Therefore within the entire world the fashionable techniques of investigation are being adopted so on unravel specially those crimes during which the offender, acting smartly, leaves the crime place without leaving any sign to chase him.

In such cases the investigation is being conducted on scientific basis using scientific methods and modern devices which start from the Crime scene investigation. DNA test is additionally one of these modern scientific techniques. Unfortunately, this important evidence is taken under consideration to be secondary evidence. this is often often taken as a relevant fact within the type of an opinion of an expert under Article 59 of Qanoon-e-Shahadat Order, 1984.[4]In order to prove this Law College in Multan piece of evidence strict corroboration is required by the court.

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In past many genuine complaints remained unresolved because of stereotype method of investigation but now the crime is being tried to be resolved through forensic investigation which is provided and supported under Article 164 of Qanoon-e-Shahadat, Order, 1984.

Article 164 of Qanoon-e-Shahadat Order, 1984 provides:

“Production of evidence that has become available thanks to modern devices, etc. In such cases because the Court may consider appropriate, Law College in Multan the Court may allow to be produced any evidence which can became available thanks to modern devices or techniques.”[5]

In the land-mark case of Hon’ble Federal Shariat Court titled “Muhammad Shahid Sahil v The State” learned Justice Mr Syed Afzal Haider while holding DNA test an admissible evidence even within the cases of Zina-bil-Jabr held that:

“Under the Hudood Law concerning Zina, convictions are generally not recorded under section 8 of the offences of Zina (Enforcement of Hudood) Ordinance (VII of 1979), but convictions are invariably recorded under section 10 of the same Ordinance and Article 164 of Qanun-e-Shahadat Order, 1984 has made it possible to possess recourse to scientific discoveries and thus the tactic of semen grouping or chemical analysis to detect semen or blood of human origin in cases falling under criminal jurisdiction is that the contribution of recent scientific age Law College in Multan which is being employed by Courts including the Federal Shariat Court and also that the Holy Qur’an and Sunnah nowhere forbid employing scientific or analytical methods in discovering the truth .”[6]

In criminal cases the identity of the actual accused may be a component of primary importance. plenty of pre-meditation, improvements and tactical delays on the a neighborhood of complainant party are often checked if scientific analysis is resorted to. apart from saving time and ensuring quick disposal of cases particularly of sexual assault , such an exercise can act as a deterrent in future. There are several judgments and precedents of the apex court through Law College in Multan which it are often inferred that the Hon’ble judges also appreciate the forensic evidence but either because of lack of clear and express provisions of law or the un-reliable expertise, they're reluctant to believe it conclusively unless corroborated.

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The August Supreme Court held in “Azeem Khan and another v Mujahid Khan and other” that “only the DNA test report is inadmissible Law College in Multan evidence to award an accused a execution within this case because the circumstantial evidence isn't supporting this report and thus the prosecution has didn't prove its case beyond reasonable doubt”.[7]

There is a listing of cases of the Superior Courts of law on the point:

i. The case “Salman Akram Raja and another v. Government of Punjab” was about the gang-rape of a 13 years old girl during which no formal F.I.R was registered by the police; concerned medic gave its findings/opinion eight days after the examination; because of the attitude of the investigating agencies, the victim attempted to commit suicide; Law College in Multan the incident was highlighted by the media and came into the notice of the August Supreme Court who initiated the suomoto action.

It was held by the Hon’bleIftikhar Muhammad Ch. C.J., Jawad S. Khawaja and KhiljiArifHussain, JJ as under:

“Administration of DNA test and preservation of DNA evidence should be made mandatory. it had been also held that the DNA test provides the courts a mean of identifying perpetrators with a high degree of confidence. By using DNA technology the courts were during a far better position to achieve at a conclusion whereby the important culprit would be convicted, potential suspects would be excluded and wrongfully involved accused would be exonerated.Law College in Multan it had been also held that the consent wasn't required for conducting DNA test or any biopsy so on determine truthfulness of the allegation”.[8]

Why DNA Test isn't Considered to be a Conclusive Proof and Corroboration is Required for It?

There are several reasons which reduce the evidentiary value of the DNA test in various cases because of which the Courts require corroboration of the test with other material particulars and circumstantial evidence .

These reasons are listed hereunder:

1. Although the bioscience has developed tons during this era , but unfortunately at the same time it isn't attained the required level of accuracy, competency of persons associated with these test and fairness of society and prevailing system because Law College in Multan it's been applied within the developed societies like USA and Europe, either because of lack of skilled persons, tools to perform this test and human error in conducting this test cannot be ruled out in our system.

2. the likelihood of error while conducting the DNA test cannot be ruled out either because of contamination of sample or mishandling the same within the laboratory or on the because of laboratory.

3. Another most significant reason is that the delay in reporting cases of sexual assault either because of social and psychological fear and pressure or lack of courage and awareness. because of which the examination of the victim is additionally delayed which may affect the results of the DNA test report.

4. In Pakistan there's lack of proper legislation on DNA testing like other countries of the earth to elucidate the code of conduct for the test and to define the offences concerning it in conjunction with punishments if there's any violation of secrecy and privacy. Best Law College in Multan The factors of bribery, enmity or preparing fake reporting on the a neighborhood of examiners can also not be ruled out.

5. it is necessary to work out proper chain of custody for the test. If the chain is broken the test isn't admissible within the court.

Analysis of The Case Cited as 2016 SCMR 274 about The Admissibility of DNA Test:

The case was related to the kidnap for ransom then Qatl-e-Amd of a 10/11 years old boy who was killed by the appellants of the case for the rationale of raising hue and cries. After the disclosure by the appellants the bones alleged to be of the deceased, Best Law College in Multan were recovered from the crime spot and were sent to the Forensic lab , Lahore where an enquiry officer of biology , University of Punjab, conducted the DNA test with the positive result.

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The prosecution had placed reliance on the next piece of evidence:

i. telephone date of two mobile phones

ii. The judicial confession of the appellants recorded by the Magistrate

iii. the extra judicial confession made by one of the appellants before one of the prosecution witnesses

iv. The recovery of bones (12 in number), clothes and slippers of the deceased from the crime spot

v. The recovery of the cash Best Law College in Multan

vi. The recovery of Suzuki Mehran Car, which one of the appellants had allegedly purchased from unknown seller, paying a number of the ransom , and

vii. Positive results of the DNA test

The Hon’ble Supreme Court held that the crime is an un-witnessed crime. the entire edifice of the prosecution case is based on circumstantial evidence and recovery of the alleged incriminating articles. The Hon’ble court rejected all the above listed evidence after recording its detailed reasons for Best Law College in Multan each piece of evidence and relevant facts.

Only the DNA test report was positive but there are many doubts regarding the report which adversely affected its admissibility as discussed by the Hon’ble judges within the subsequent way:

• The bones were recovered after one month of the murder and according to the well-known medico-legal jurist, MODI such like destruction of the entire body of person , even of teenager isn't possible within two months because variety of visceras made up of tough tissues and full skeleton of human body remain in-tuned . during this case only scattered pieces of bones were recovered and not full skeleton of human body , Best Law College in Multanwhich by itself is unbelievable, being against the well-established and universally recognized juristic view.

• Keeping in view the availability of section 510, Cr.P.C. whereunder, the report of biochemical expert (a biochemist) on DNA isn't covered thus, it's hospitable a big debate because under the above provision of law, specified experts reports, excluding the report of Best Law College in Multan above said expert, are made admissible. Hon’ble judges held that they are unable to hold the same as an admissible piece of evidence in absence of any sanction of law.

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• to form sure the fair-play and transparency, the samples within the laboratories from the parents (of Deceased) should are taken within the presence of some independent authority kind of a Magistrate and also the recovered sample from the crime scene within an equivalent because of dispel the possibilities of fabrication of evidence through corrupt practices. Best Law College in Multan Transition of the sample to the laboratory should have also been made during a secure and secure manner, but all such safeguards were ignored within this case.

• Contamination of DNA sample is additionally a huge issue which attributes lesser evidential value to the report. within the recent past many scandals in USA, UK and other countries have surfaced where desired DNA test reports were procured by the investigator after contaminating the sample. Such contamination has also been reported in some cases while the samples remained within the laboratories. Many inquiries were persisted this issue and stringent law has been made by many nations to prevent the contamination of samples outside and inside the laboratories. Best Law College in Multan Proper procedure has been laid down for securing and punctiliously putting into parcel the suspected materials to correlate with the samples of the parents to work out paternity or maternity. Similarly, stringent check and procedure has been provided to avoid and stop cross contamination of the two samples because if both are available contact with each other then, Best Law College in Multan it'll give false positive appearance and thus the expert is thus misled. it is also been discovered that credentials of the various experts, claiming possessed of upper qualification during this particular field, were found fake which they were thus, away from service.

• the entire case of prosecution was supported circumstantial evidence . The principle of law, consistently laid down by this Court is, that different pieces of such evidence got to make one chain, an unbroken one, where one end of it touches the body and thus the opposite the neck of the accused. just just in case of any ape-man within the chain, Best Law College in Multan the whole chain is broken and no conviction are often recorder in crimes entailing execution . This principle is fully curious about the facts and circumstances of this case. There are many links which are missing.

Due to the reasons discussed above intimately the Hon’ble Supreme Court refused to award execution just on the thought of only one piece of evidence i.e. DNA test during a situation when no other circumstantial evidence was supporting the case of prosecution. Best Law College in Multan It doesn't appear from the detailed analytical study of the whole case that the intention of Hon’ble Judges was to declare DNA Test report an inadmissible piece of evidence. Rather, the choice contains clear guidelines to be followed so on urge DNA based evidence admissible within the court.

Suggestions:

Keeping in view these circumstances following suggestions are being recommended for the aim of making the prosecution case stronger, to punish the offender, for the effective administration of justice and to eradicate the crime from Pakistan.

1. More labs with qualified experts and advanced equipment should be established altogether the provinces and major cities of Pakistan Best Law College in Multan so as that quick investigation could be possible to achieve the important culprit and exonerate the suspects.

2. Government should confirm that the scientists and officials concerning the forensic evidence must be protected and secured from the external influence, threats, political influence, bribery, coercion and intimidation.

3. There should be collaboration with other countries for this purpose. The scientists, enforcement officials and crime scene investigators should be sent to other countries to seek out out new techniques of performing experiments so as Best Law College in Multan that they could apply them in Pakistan so as to extract the truth from the physical evidence.

4. If forensic investigation including DNA analysis is correctly conducted, the Courts must consider this type of evidence as an important piece of evidence and must believe it so as that the Best Law College in Multan other criminals would be able to realize that they could got to face the results if they commit a criminal offense in future. Once the offender of a case is punished, nobody would dare to commit such offence again.

5. Women Protection Centers should be extended throughout the country a minimum of at each district. The centers should be established, well equipped and consisting of a trained and skilled team including a lady doctor, a prosecutor, a forensic scientist, a psychologist, an investigator and therefore the other such persons who may confirm the protection and security of such victims also because the middle .

6. DNA data base should be maintained for the speedy investigation just just in case of any crime.

7. Necessary amendment within the respective laws particularly within the Qanoon-e-Shahadat Order, 1984 be made to make DNA test a conclusive proof of evidence so on eliminate the crime from the society.

Introduction

The Constitution of Pakistan 1973 has been drafted within the time when the notice about environmental issues was at its emergence globally. because the Constitution of Pakistan doesn't discuss environmental rights as basic rights, the litigation related to environmental issues has been called upon the Article 9 (Right to life) and Article 14 (Right to dignity of man) of the Constitution along-with Article 184(3) [Public Interest litigation] in Pakistan. A landmark precedent thereto is Shela Zia v. WAPDA,[1] during this landmark judgment, the Supreme Court of Pakistan recognized the right to hygienic and safe environment as fundamental Best Law College in Multanright of the residents of the locality, where the installation of electromagnetic grid station was proposed by WAPDA with none prior research and assessment. The Court also recognized the precautionary principle[2] during this case while appointing the NESPAK as a Commissioner to seem at , study and assess the adverse impacts, if any, of the proposed action on the locality and lifelong of individuals .

Further Asesments

After the Stockholm Conference 1972, Environmental Ministry was established in Pakistan. The Ministry was responsible for environmental legislation within the country. Under Environmental Ministry, Pakistan Environmental Ordinance was promulgated in 1983. After Pakistan’s participation within the world Summit in 1992 as leader of Group 77 Countries, the State committed many international environmental agreements and conventions. within an equivalent year, National Conservation Strategy was drafted. within subsequent year, National Environmental Quality Standards got shape. Then, in 1997 Pakistan Environmental Protection Act (PEPA) repealed the Pakistan Environmental Ordinance, 1983. The brief discussion of this journey is as under:

1. The National Conservation Strategy 1992:

The National Conservation Strategy (NCS) approved by the govt. of Pakistan on 1st March 1992 elaborates the prevailing environmental problems within the country in conjunction with steps to strengthen the institutions, setting the implementation supervision system, providing the financial supports for this system . The Eight five years development plan had to accommodate this contemporary approach to ameliorate the prevailing system of environmental laws within the country, with the availability of revision of existing law and Best Law College in Multanestablishing the research institutes i-e sustainable development institute of Pakistan for promotion of research regarding environmental matters. the notice among people about environmental concerns was to be made through mass media, according to National Conservation Strategy and National Action Plan, concerning conspicuous fourteen projects which were to be undertaken i-e improved biodiversity, better irrigation and agriculture system etc.[3]

2. Pakistan Environmental Protection Ordinance, 1983

Pakistan Environmental Protection Ordinance 1983 is that the legislation of that time when environment was a federal subject under the constitutional list. The Ordinance provided the provisions on the subject of federal environmental protection council, federal and provincial environmental protection agencies, penalties for violators and indemnities related to environmental matters etc. The Environmental Protection Council under this Ordinance was to be headed by the President of Pakistan, but after an amendment during this law in 1994, the Prime Minister of Pakistan or his nominee was made eligible to act as a md of this Council.

Majority of provisions during this Ordinance were never implemented, as an example , according to a provision, environmental protection council was imagined to meet biannually once a year , but actually , the council did never meet throughout the lifetime of this law. because of non-implementation of this Ordinance thanks to presence of some irregularities or vague provisions like powers of environmental protection council, growing need in society about regulation of the matters relating pollution and other environmental issues, this law was repealed by a replacement law in 1997.

3. Pakistan Environmental Protection Act, 1997:

Pakistan Environmental Protection Ordinance 1983 was repealed by Section 34 of the Pakistan Environmental Protection Act 1997 (PEPA). it's 34 Sections and a Schedule. The preamble of this Act states;

“An Act to provide for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development…”

PEPA, being a replacement law repealing the old one,[4] was intended to manage and implement the sustainable development techniques within the county beside NCS and NEQS. Pakistan Environmental Protection Council[5] was established with the Prime Minister of Pakistan as its head. Pakistan Environmental Protection Agency was established under this Act, Best Law College in Multan which delegated its powers to the provincial agencies who further delegated their powers to the divisional agencies.[6]

Pakistan Environmental Protection Agency established under this Act[7] is responsible for the enforcement of environmental laws in Pakistan. The Provincial environmental protection agencies are established under section 8 of this Act. Provincial Sustainable Funds are established under Section 9. Section 11 is about prohibition of certain discharges and emissions, whereas, Section 12 provides for significance of IEE and EIA before initiation of any project.

Section 17 enlists different penalties just just in case of violating the environmental stipulations under different provisions of this law i-e Sections 11, 12, 13, 16 and Sections 14 & 15. The penalties could even be within the type of fine and also imprisonment just just in case of violations under certain conditions. Section 18 illustrates the punishments, just just in case of violating the principles provided under this Act by the body corporate. Section 20 is regarding environmental tribunals established under this Act. Appeals from an impugned Order of the environmental tribunal could even be laid before the supreme court . Section 24 determines the jurisdiction of Environmental Magistrate, just just in case of any complaint by any agency , local council or an aggrieved person. Under Section 25, the Best Law College in Multan appeal against any order of Environmental Magistrate shall be laid before the Court of Session, whose decision shall be final during this behalf. Sections 31 and 33 are about making of rule and regulations respectively, for completing the aim of this Act.

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Rules and regulations

Overall, the Act promotes the participation of public within the decision-making process related to different environmental issues, especially the Environmental Impact Assessment (EIA) provision. Citizens aggrieved by any adverse environmental impact, under this Act, may go the Environmental Tribunal. The Act also promotes the Polluter Pays Principle by empowering the Environmental Protection Agency to order the shutting down of industries or imposing fines on the vehicles producing the emissions in access to the National Environmental Quality Standards.

Schedule to the Act[8] contains the list of International Conventions concerning which the Federal or Provincial Governments have the powers to make rules. they go to not be implemented in their true letter and spirit, unless such rules under them are made by the Best Law College in Multan relevant governments in several jurisdictions of the country.

The Provincial Sustainable Development Fund Board (Procedure) Rules, 2001, The Environmental Sample Rules, 2001, The National Environmental Quality Standards (Self-Monitoring and Reporting by Industry) Rules, 2001, The Pollution Charge for Industry (Calculation and Collection) Rules, 2001, The Provincial Sustainable Development Fund (Utilization) Rules, 2003 are samples of Rules made under Section 31 of the PEPA 1997.

The Environmental Tribunal Rules, 1999, The Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, BTS Regulations for Environmental Protection are a few of regulations made under Section 33 of the PEPA 1997.

4. National Environmental Quality Standards (NEQS):

National Environmental Quality Standards (NEQS) related to ambient air, beverage , noise, municipal and industrial liquid effluents and standards for industrial gaseous emission are notified in Official Gazette of Pakistan under clause(c), Sub-section (1) of Section 6 of PEPA 1997. NEQS sets the certain standards under specific conditions about physical and chemical condition, and composition of air, water and gases present within the environment. Best Law College in Multan The foregoing standards about quality of beverage shows the buildup of arsenic and lead quite prescribed World Health Organization (WHO) standards in Pakistan.[9]

5. Environmental Provisions in Pakistan code and Criminal Procedure Code:

The Environmental provisions within the Pakistan code 1860 are related to punishment of fouling water or public spring or reservoir, punishment for creating atmosphere noxious for health, punishment for negligent conduct with regard to poison , punishment for negligent conduct with regard to fire or combustible matter and punishment for negligent conduct with regard to explosive substance.[10]

Section 133 of Criminal Procedure Code[11] deals with the notice of public nuisance by the District or Divisional Magistrate and spending any conditional Order accordingly. Section 144[12] deals with any written Order gone Divisional or District Magistrate in perspective of Section 134. This Section is so wide that closing down of any health-hazardous restaurant, factory or pharmacy etc. also comes under its ambit.

6. Pakistan global global climate change Act, 2017

Pakistan global global climate change |temperature change"> global climate change |temperature change"> global climate change |temperature change"> global climate change Act 2017 is new law combating the climate change and implementing the strategies concerning sustainable development within the country. This law is an effort to implement the UNFCCC, Kyoto Protocol and Paris Agreement at domestic level. the worldwide global climate change Council, with the Prime Minister of Pakistan as its head, has been established thereunder including Chief Ministers of all Provinces and Environmental Protection and global global climate change Ministers, both at Federal and Provincial levels. Environmental Protection Authority is responsible for Best Law College in Multan implementation of the mitigation techniques under the Act. global global climate change Fund, established under the Act, is that the most source of financing the activities regarding global global climate change in Pakistan.

“Pakistan is ranked seventh among countries most affected by and vulnerable to global global climate change disasters in spite of being ranked 135th among the countries in global green house gases contribution. Pakistan contributes only 0.8 in global greenhouse gasses.” said the Climate Minister of Pakistan, Mr. Zahid Hamid.[13]

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7. Policy on Controlling Smog, 2017 (Punjab)

the matter of smog is gradually increasing once a year and causing health problems to citizens in Pakistan. The province of Punjab is particularly affected by this issue. Punjab government’s policy for controlling smog elaborates the reasons causing smog within the Province of Punjab. Different activities are recommended by the govt. for improving things like issuance of health advisory, issuance of traffic advisory, shutting down of major smoke emitting industries, introducing low carbon fuels, adoption of Euro-II standards for reduction of vehicular emissions, better traffic management for reduction of vehicular emissions, controlling burning of municipal waste and crop residue, creating woodlands around major cities, road shoulders designed for deserter Earth, planned urban and industrial development, greening of economic processes, regional environmental agreements.[14]

However, this policy has faced criticism from the environmentalists and other members of civil society. They condemned the step of linking the smog phenomenon with India’s burning of rice crop stubble although the environmentalist found no concrete Best Law College in Multan evidence related to this cause. In fact, the EPA’s inability to remain a check on the air quality within the province could also be a serious explanation for smog, according to the critics.[15]

8. Billion Tree Tsunami by Khayber PakhtunKhwa Government:

the govt. of KhayberPakhtunKhawa province in Pakistan took the green initiative for meeting the Bonn Challenge to combat deforestation and restoration of degraded land. during this respect, the govt. met its challenge to grow a billion trees within the Province within the time span of two years. This step of provincial government received admiration throughout the earth , especially by the IUCN[16], who recognized the initiative as a pro-forestation Best Law College in Multan and environmental-friendly break-through for combating the impacts of worldwide global climate change and heating . It aimed toward fulfilling the Bonn Challenge taken for restoring 350,000 hectares of forests and degraded land.[17]

Wildlife Rules, Fisheries Act and Rules, The Forest Act 1927 are another pieces of legislations on the subject of conservation of safe and clean environment, balanced ecology and biodiversity of the planet within the jurisdiction of Pakistan.

Pakistan’s Participation & Compliance to International Accords:

The Multilateral Environmental Agreements (MEAs) during which Pakistan participated and ratified include; Ramsar Convention on Wetlands 1971,[18] Convention on Migratory Species 1971,[19] Convention on International trade species (CITES) 1973,[20] Convention on the law of Seas 1982,[21] Vienna Convention on the Protection of ozonosphere 1989,[22] Montreal Protocol on ozonosphere Depleting Substances 1989,[23] Basal Convention on the control of Trans-boundary Movement of Hazardous Wastes 1992,[24] Convention on Biological Diversity 1992,[25] United Nations Convention to Combat Desertification 1994,[26] United Nations Convention on global global climate change 1992,[27] Kyoto Protocol to UNFCCC 1997,[28] Rotterdam Convention on Prior consent (PIC) surely Hazardous Chemicals and Pesticides 1999,[29] Cartagena Protocol on Bio-safety to CBD 2001[30] and Stockholm Convention on Persistent Organic Pollutants (POPs) 2001.[31]

Majority of these Conventions are annexed to the Schedule of Pakistan Environmental Protection Act 1997, under which the Federal or Provincial governments have powers to make rules for implementation of these Conventions, within the domain of national system in Pakistan.

Paris Accord COP 21 in November, 2015 could also be a landmark global initiative for combating global global climate change and heating . As Pakistan is one of the first ten countries, who will suffer most by heating , she signed this agreement at the first day of its opening for signature. And Pakistan also ratified this historic agreement in November, 2016 from its parliament.[32] Integration of this accord at national level in Pakistan has also been incorporated through Pakistan global global climate change Act, 2017.

Role of Judiciary:

Being within the regime of Common system Countries, the adversarial system is followed in Pakistan generally. But just just in case of environmental field, the trend of “Public Interest Litigation”[33] supported “Inquisitorial Legal System” has replaced this tradition. the most reason of this approach is that the finality clause within the Pakistan Environmental Protection Act 1997, under which at the trial stage, the proceedings about environmental matters Best Law College in Multan cannot be delivered to the court of law. As an alternate , however, the appeals from Environmental Tribunals are made to the High Courts. another reason is that the aspect of locus standi, only an aggrieved person can initiate the action under the Act.[34] thanks to this fact, the majority of environmental cases come under the realm of Public Interest Litigation (PIL) in Pakistan. as an example , the landmark case of this sequence, establishing the right to safe environment through right to life and right to dignity of man i-e Shela Zia v WAPDA, during which Obiter Dicta states as follows;

“The word life has not been defined within the Constitution but it doesn't suggest nor can it's restricted only to the vegetative or animal life or mere existence Best Law College in Multan from conception to death. Life includes all such amenities or facilities, which a private during a free country is entitled to enjoy with dignity, legally and constitutionally.”[35]

In Tanvir Arif vs. Federation of Pakistan, the petitioner filed a writ petition against the letter of Chief Protocol of the Ministry Foreign Affairs, addressed to the Chief Secretary , for allocating the planet for the hunt of Houbara Bustard in violation of Section 7 of The Sindh Wildlife Protection Ordinance 1972. The Sindh supreme court declared this act in breach of the prevailing law on the problem , thus, warned the respondent for not doing any such thing in future.[36]

PIL under Article 184(3)[37] also involves the suomotu actions taken by the judiciary because it's removed the procedural hindrances within the way of adversarial system , by replacing it with inquisitorial one, within the cases of public importance involving public trust Doctrine. “The Lahore Canal Road Case”[38] is additionally a prominent example of this aspect, which may be discussed elsewhere during this chapter.

Judicial Supremecy

The Supreme Court appointed a commission in 1994, within the case of General Secretary, Pakistan Salt Mines Labour Union (CBA), Khewara v. Directors, Industries and Mineral Development, Punjab, Lahore,[39] so on research the illegal extensive mining by leasing out the coalpit lease in water catchment area , which caused trouble also as violated the right of unpolluted water of residents and mine workers of Jhelum. during this case, after the findings of Commission, that was given vast powers under Order XXVI of the Civil Procedure Code, Best Law College in Multan the Court ordered the shifting of mouth of Mine number 27A by the Punjab Coal Company within four months to make sure that there is no contamination of the water reservoir thanks to any spill over, debris or the opposite pollution. This case was also initiated within the general public interest under Article 184(3) and thus the top of Commission, Dr. Pervez Hassan, used his earlier knowledge and knowledge of Shela Zia case for handling this hazardous issue of public importance that was compelling the people of that area to compromise their health by consumption of sub-standard water.

In Ms. Imrana Tiwana et al. v. LDA through its DG,[40] the Signal Free Corridor at Jail Road Lahore was challenged because no EIA was completed beforehand, and there have been many procedural irregularities acknowledged by the petitioner. There was no government performing at that point and therefore the Provincial Govt. conducted this project through Lahore Development Authority (LDA) that was a violation of procedural aspects. it had been challenged within the Lahore supreme court , where the interim order of injunction was passed, after the work was done almost halfway and a price of 60million rupees had already been incurred by that point . Hence, the ultimate Order of the Lahore supreme court was challenged within the Supreme Court of Pakistan, by different petitioners.

The Supreme Court allowed this project, because there was no objection as reference to EIA within the final Order of supreme court , seeing that it had been done after the interim Order of supreme court . the sole objection about this project was valid that it had been done through LDA rather than Lahore Metropolitan Corporation, which had to figure under any Government authority. Article 140A of the Constitution Pakistan requires that this sort of projects should be Best Law College in Multan done by the government authority or by the Provincial Government after obtaining the consent by government . Therefore, just in case of absence of government agency i-e Lahore Metropolitan Corporation, the Provincial Government is required by the Constitution to determine the local governments and devolve them the administration powers, which might make them to urge such projects done.

So, signal free corridor was allowed to finish by the Supreme Court of Pakistan, by setting aside the impugned Order of Lahore supreme court giving rise to a busy local governments election procedures. Some conditions of creating pathways and other facilities for the pedestrians, like crossover and passes at the interval of 1 kilo meter or less, were also made compulsory within the final project approval by the court . In Young Doctors Association of Pakistan et al. v. Government of Pakistan et al. ,[41] the development of signal free junction at Azadi Chowk Lahore was objected due to destruction, demolition and acquisition of area of two Kanals and 11 Marlas of Lady Willingdon Hospital, Lahore. during this petition, the objections about lack of due diligence of environmental protection Act 1997 in respect of conducting of appropriate EIA of the project, were raised by the Petitioners.

the proper to life in Constitution of Pakistan in its extended meaning, on protect the proper of health of the citizens of Pakistan was also raised, because it was also against the sustainable development provisions under Environmental Protection Act. on the opposite hand, proposed demolition of the some a part of building of the hospital appeared to be the violation of the rights of patients, doctors and therefore the residents of hospital accommodation. thanks to the Best Law College in Multan evidences provided by the respondents, the Court held that the reconstruction of the demolished a part of "> a part of building within 45 days is additionally a compulsory part of this project. The Court asked the respondents to supply the report of this aspect, after completion of an equivalent within seven weeks. Further, held that the sustainable development under URBAN 21 Berlin Conference,[42] which explained the newest definition of sustainable development, consistent with which the project in hand is in compliance with the sustainable development, because it was an honest twist for this and future benefits of the citizens without compromising the requirements of future generations. Thus, the Court allowed this project.

Legal affirmative

In Lahore Conservation Society case,[43] the petitioners raised the purpose that due to the development of Lahore Kalma Chowk flyover, there would be cutting of an outsized number of trees, as a results of which the sweetness of site would go dim. Also, it'll be health hazardous for the people of that area, both after and through the development of the aforementioned flyover. The Lahore supreme court held that it's need of the hour to construct an equivalent , due to huge holdup within the area, especially, when the ambulances aren't ready to make their answers during the height hours. The petitioner public interest litigation, nevertheless, the Court said it had been a factual controversy because the construction of flyover is within the Best Law College in Multan favour of public rather than its non-construction. The Court further elaborated that if any hurdle is faced by public within the present for obtaining any future gain, then it's not against the general public interest. To the extent of some points regarding cutting of trees, the Court relied upon the instance of Shalamar Flyover and Underpass, before construction of which tons of trees were hamper but they were re-planted after its construction for invigorating the sweetness of the location . Hence, the petition was dismissed by the Court concerned.

In Islamuddin v. Ghulam Muhammad, the Supreme Court of Pakistan held that the noise from a workshop may be a common nuisance . The Court declared that the noise either being made during the lawful course of action, if it's a explanation for discomfort for peaceful exercise of the proper to lifetime of the encompassing community, should be avoided as falling within the category the general public nuisance.[44]

In Lahore Metro Orange Line Train Case, a writ was filed within the Lahore supreme court for the protection of 11 historical sites under Special Premises (Preservation) Ordinance 1985 and Antiquity Act 1975. The supreme court ordered the stay of construction work within 200 meters radius of those sites. And in Appeal against this order by the relevant State agencies, the Supreme Court of Pakistan ordered to resume the development on the sites under 31 conditions after detailed observation of the matter. The conditions are regarding preservation of web sites of archaeological importance from any damage during the development and operation of the Metro Orange Line Train within the city of Lahore.[45]

Green Benches:

As an outcome of Bhurban Declaration 2012 entitled “A Common Vision on Environment for the South Asian Judiciaries” during South Asian Conference[46] on Environmental Justice under the patronage of the Supreme Court of Pakistan, the judge of Supreme Court ordered establishing the green benches in the least High Courts along-with the Supreme Court of Pakistan. The intention of such move was to listen to the environment related writs and appeals at higher courts by the dedicated single also division benches. This initiative is far appreciated because the environmental tribunals under environmental protection agencies were mostly inefficient in Best Law College in Multan concluding the cases associated with environmental concerns. Transfer of environmental cases pending at tribunal levels also are a neighborhood of the initiative as declared by the relevant Green Benches afterward .[47] Moreover, at sub-division level all senior civil judges cum judicial magistrate’s courts have also declared as green courts under this initiative.

AsgharLeghari v. Federation of Pakistan[48] is another milestone case within the history of Green Bench of Lahore supreme court . Honorable Justice Syed Mansoor Ali Shah took action on the PIL of a farmer AsgharLeghari, who pleaded that in-spite of the severe threat of global climate change related disaster; the Authorities in Pakistan have did not implement the global climate change Policy 2012 and Framework for implementation of global climate change Policy (2014-2030). the govt has did not meet its own deadlines during this regard. Justice Shah summoned all the relevant authorities within the court and ordered them to appoint focal person of every departments about implementation of global climate change policies. He also appointed global climate change Commission in his landmark judgement for observation of authorities’ relevant action for fulfillment of framework action on the difficulty by the top of the year 2015. The Green Bench divulged as follows:

“[f]or Pakistan, global climate change is not any longer a foreign threat-we are already feeling and experiencing its impacts across the country and therefore the region. The country experienced devastating floods during the last three years. These changes accompany far reaching consequences and real economic costs.” [49]

Role of NGO’s:

Successful integration of Public interest litigation in environmental law is an upshot of fruitful efforts of the many non-governmental organizations also as public spirited individuals. Such results are proved of getting far-reaching impacts on the regime of environmental law within the countries having common legal systems i-e Pakistan and India. Best Law College in Multan The role of NGO’s about environment has also been highlighted within the NCS.[50] The role played by NGO’s within the country is providing the general environmental awareness at grass root level within the country alongside working within the other umbrella fields like agriculture, livestock, poultry, social control , forestation initiatives etc.

within the case of “Cutting of Trees for Canal Widening Project Lahore”[51] an idea to widen the 14 kilo meters long stretch of Lahore canal road was announced. But the suo motu notice of the Supreme Court of Pakistan came for highlight within the importance of green belt on the side of the canal road Lahore because it may be a charitable trust . So, the court appointed a mediator, who made a Committee for resolving the difficulty peacefully. The Committee had to supply the rules for smooth running of the project along-with taking into consideration the adverse environmental impacts of cutting of trees during widening the road. Basically, this issue came into lime light due to an Environmental NGO, Lahore Bachao Tehreek (LBT), which condemned the choice of cutting of trees including other pressure groups and environmentalists within the country. The reaction was against the cutting of trees within the green belt beside the Lahore Canal, which might further pollute the city’s environment within the presence of existing deficiency of plantation and forestation within the country, far below than the recommended level for clean, healthy and unpolluted environment.

The Committee made by mediator reached at consensus with reference to eighteen recommendations to preserve the sustainability of the heritage of Lahore Canal along-with the event . These recommendations were submitted to the Supreme Court of Pakistan on 14th May, 2011. The recommendations were supported by the acceptable reasoning for resolve the dispute of charitable trust Doctrine. The Committee didn't give consent to widen the entire canal road, however, it only recommended the widening by 3.25 kilo meters, Best Law College in Multan for cover the natural resources of environment as a charitable trust . Finally, the Court allowed the prolongation of the project on the idea of those recommendations about widening the canal road within the limited capacity, on the condition of cutting of the minimum possible number of trees on the green belt alongside the canal. Also, the Punjab government vowed to exchange the each hamper tree with plantation of 100 mature trees after completion of the project.[52]

To reiterate, the journey from ‘nothing’ to ‘something’ within the field of environmental law has been covered gradually in Pakistan. Since the time of NCS, the trend of policy-making on the topic of environment was started and afterward , policy about different aspects of environment has been formulated. After 1985 Ordinance on the Environment, an enormous gap existed, both in legislation and implementation during this field within the country. The 18th Constitutional Amendment and PEPA 1997 broke the ice by giving rise provincial legislations and rules and regulations under them on the topic . Judiciary, NGO’s and other pressure groups of conscious and enlightened citizens also played their role for drafting the map of this field of law within the history of Pakistan

The international watchdog against concealment and terrorism financing, FATF, has put Pakistan on ‘Grey List’ in June, 2018. It is

the list where jurisdictions with strategic deficiencies are placed and are required to combat these offences by complying with the conditions imposed by FATF. Best Law College in Multan Pakistan was grey-listed with the allegations of getting ties with Islamist militant groups and its weak AML-CFT regulations.

Pakistan is not the member of FATF but being the member of APG, it's bound to follow the recommendations of FATF. Pakistan has already been on the Grey List from 2012 to 2015. Pakistan has also been on the Blacklist years before 2015 when it got out of the Grey List. Pakistan had also to face strict sanctions within the year 1998 because of nuclear experiments.

After being placed on the Grey List, Pakistan was issued 27 guidelines by FATF to manage concealment and counter terrorism financing during a period of 15 months. Pakistan has succeeded to suits almost 21 of these implications. India is strongly opposing Pakistan and is trying to convince FATF to place it in blacklist.

Pakistan is struggling hard to urge out of grey list till FATF’s next meeting by overcoming its strategic deficiencies. If Pakistan succeeds in getting out of Grey List, the doors of foreign investment would open for it and it'd be able to procure loans and financial aids from IMF, ADB and World Banks. India has always been found to be determined to pin down Pakistan towards “blacklist”.

It was the results of Pakistan’s efforts to combat ML and Terrorism that the FATF President Marcus Pleyer announced at a virtual conference held after the body’s three-day plenary session that Pakistan would keep it up its place on “grey-list” until February, 2021. Pakistan has six more implications left to be fulfilled.

legal advisory

FATF Overview: Structure, Members, Purpose, Objective, Functioning and Procedure

FATF is that the Financial Action Task Force which was established in 1989 in Paris by the Group of seven (G7). it's an inter-governmental body with 39 members including 37 jurisdictions and a few of organizations (the Gulf Cooperation Council and thus the ecu Commission). These members are at the core of combating concealment and terrorist financing. Best Law College in Multan There are also 31 Associate Members of FATF which are the numerous international and regional organizations and act as Observers of FATF. They also participate within the working of FATF to satisfy its objectives.[1]

Initially FATF was acknowledged to affect the drug problems and concealment but after 9/11 incident, counter terrorism financing was also added in its objectives. to start out with, in 1990 there are 40 recommendations of FATF to tackle money related issues but after extending its working to CFT, it added 8 Special Recommendations, while the 9th one was added in 2004.[2]

FATF could also be a policy-making also as enforcement body. FATF features a correct procedure for:

• Monitoring countries efforts in ensuring implementation of FATF Recommendations

• Reviewing concealment and terrorist financing techniques and thus the counter-measures

• Promoting the adoption and implementation of these Recommendations throughout the earth

FATF implements its Recommendations through the tactic of mutual country evaluation whereby it observes the compliance of the country to those international standards. This process is supplemented by the assessment conducted by FSRBs, the IMF and / Best Law College in Multan or International Bank for Reconstruction and Development concerning AML / CFT efforts of the state. Following the assessment, FATF may put any country in

“Black list” if the country is found supporting terror funding and concealment activities also mentioned as list of NCCTs; or

“Grey List” if any country is found to be at higher risk of money laundering and terror financing but commits to work with FATF by planning and addressing their deficiencies

Major causes for putting Pakistan

In June, 2018, during the proceedings of FATF meeting, the motion was raised for diplomatic isolation of Pakistan and entering its name on the Grey List. Opposition was so strong that even the foreign allies China and Saudi Arabia couldn't support Pakistan. FATF didn't specifically mentioned the reasons for doing so but few reasons were quite clear which are as under:

1. Pakistan was alleged for being involved in concealment because of the then weak political will against evasion , tax invasion and corruption. it had been also because of the several scandals revealed against politicians e.g. Ashiyana Housing Scheme Scandal, Best Law College in Multan Benami Accounts Scandal, Panama Paper Case, Hudaybia steelworks Case etc. because of friendly opposition and agreement of sheltering on alternate terms of state exploited things . plea bargain also facilitated the corrupt politicians by providing them the way to flee .

2. Allegations raised by India and US against Pakistan for supporting terrorist organizations also pressurized FATF to feature its name within the Grey List. India alleged Pakistan for being involved in Pulwama Attacks raised strong voice against it stressing to impose sanctions thereon . Moreover the allegations of drug trafficking and racketeering also added up to lower the image of Pakistan.

3. another reason is that the inefficiency of various state institutions and their lack of collaboration and cooperation in handling such matters including FBR, NAB, FIA and ANF. In such situation they're unable to follow and implement National Action Plan. It increases the sense of lawlessness and insecurity among the foreign investors.

4. Various international reports rank Pakistan at a very poor level with regard to concealment . A Swiss Group, Basel Institute on Governance ranked Pakistan as 46th country among 146, in its report of 2017, for being involved in concealment . Such reports also highlight the problems of the system which resulted into such degradation.

5. Judiciary is additionally unable to play its role resulting into the impression that there is no rule of law within the country. it is also distorting the image of Pakistan and shattering the arrogance of foreign investors. Best Law College in Multan Enforced disappearance of people has also been a stain on human rights record of Pakistan.

6. Bureaucracy of Pakistan is additionally not transparent, which is additionally responsible in aggravating things . Many of the high ranked officials are usually involved in such offences and are a supporting hand of the politicians. it is also the rationale for country’s worst situation about concealment .

7. Parallel, informal banking system and existence of hundi and hawala business are also one of the reasons for putting Pakistan on Grey List. Weak banking system of Pakistan with faulty laws, poor implementation, lack of proper planning and formulation of strategies all contribute during this scenario.

8. Anti-Money laundering Laws and Anti-Terrorism Laws are highly insufficient with several loopholes and lacunas leaving gaps for the offenders to escape . These laws are being amended for years to include basic provisions to bring the offender under the ambit of law. Available laws aren't being effectively implemented because of insufficiency of resources, Best Law College in Multan structural deficiencies, lack of professional competencies and departmental corruptions.

9. Media also plays its role by creating hypes and adding spices to the news for the aim of their rating and breaking exclusive news. They broadcast news without prior verification. Media showed its irresponsibility when Pakistan was placed on the grey list by breaking the news that Pakistan has been blacklisted by FATF. afterward the news was denied but, till then it had been circulated all around the world. Likewise, media reports every matter during a really fanciful manner and adversely affects the image of Pakistan by portraying the wrong image regarding internal affairs of the country.

10. one more reason was the China-Pakistan Economic Corridor which wasn't tolerated by India and US. The pressure to include the name of Pakistan in Grey List was also built for the rationale to destabilize Pakistan economically. In such situation Pakistan possesses to borrow money from other countries which may not be ready for this. Best Law College in Multan Ultimately Pakistan would have no other option except to request IMF for help. If such situation arrives Pakistan would wish to share its complete details of foreign funding including CPEC which has been kept secret so far .

Efforts by Pakistan in getting out of Grey-List

After being added within the grey list of FATF, Pakistan was given 27 points agenda for countering ML and TF. To suits these points is that the requisite to be shielded from blacklist. After restless struggle, Pakistan has been successful in meeting with only 21 out of 27 points of the agenda.

During its meeting persisted 19-21 of February, 2020, in Paris, FATF expressed its full satisfaction about the efforts of Pakistan against concealment and terrorism financing particularly within the subsequent areas:[3]

• NACTA website activation with complete access to the proscribed persons

• in conjunction with continuous updates

• Introduction of ‘Know Your Customers’ policy by the depository financial organization of Pakistan and thus the biometric verification system of accounts

• Dissemination of reverse feedback and intelligence reports by enforcement agencies to the SBP and Financial Monitoring Unit

• Risk assessment to cash smuggling specifically Best Law College in Multan with reference to terrorist financing

• Strengthening Customs control throughout the country

• Effective utilization of domestic agencies against terrorist financing

• Application of regulatory framework of the SBP for private banking system

• Investigation mechanism and awareness campaign to all or any or any stakeholders regarding terror financing

The journey of improvement and struggle to clear the image of Pakistan at International forum wasn't ended here. Pakistan has had to run faster to understand the remaining targets by subsequent meeting of FATA. Further efforts made by Pakistan in combating concealment and terrorism financing are as under:

Validations

 Various laws are introduced regarding the issues . it is also been tried to urge obviate loopholes in various existing laws through amendments. These laws include Anti-Money Laundering Act, 2010, Anti-Terrorist Act, 1997, Protection of Economic Reforms Act, 1992, Payment System and Electronic Fraud Transfer Act, 2007, Anti-Money Laundering and Counter Financing Terrorism Regulations, 2018 etc.[4][5]

 In April 2015, the sales tax Act and Federal Excise Duties were amended to feature predicate offences. trading and market manipulation were added as predicate offences in sales tax Act. Necessary amendments in tax Ordinance, 2001 were also added regarding evasion and concealment of income.[6]

 Financial Monitoring Unit (FMU) was established which in conjunction with FBR has also played a stimulating role in improving system , bumping in exchange reserves and reducing illegal outflow of money .[7]

 FBR is observing the affairs of NPOs and INPOs Best Law College in Multan on their alleged involvement in ML and TF activities. FBR has traced out about 10,000 people involving concealment .[8]

 Efforts of state cannot be ignored in curbing the offences including concealment . During his fight against corruption and evasion state has taken effective measures.

 it had been because of his efforts that nominated politician of the country who had lack political will at their times against such offences, had to surrender before the law. Role of NAB is additionally appreciable during this regard in revealing cases involving massive corruption.

 it is a matter of undeniable fact that the govt. has been fighting against ML and TF since long, even before demanded intrinsically by the FATF. It conducted various operations to counter terrorism including Zarb-e-Azb and Rad-ul-Fasad at the worth of quite 70,000 lives of civilians and security personnel, resultantly cracking down about 20,000 terrorists.[9]

imprisoments

 Pakistan also took action against UN declared terrorist organizations JeM, LeT, JuD and FIF in counter terrorism efforts by banning them which was also among the recommendations of the FATF. The arrest and sentencing of Hafiz Saeed has also helped Pakistan Best Law College in Multan to urge better standing at international level.[10]Seeking to wriggle out of FATF’s grey list, in August, 2020, Pakistan has also banned around 88 terror groups and their leaders including the names of Masood Azhar and Dawood Ibrahim.

 A comprehensive National Action Plan was designed to counter terrorism. Special Military Courts and Tribunals were also established in Pakistan which convicted around 180 terrorists and announced verdicts in additional than 300 terrorists-related matters by the highest of 2015.[11]

 In May 2019, CTD was notified by the govt. as investigation and prosecution agency to counter terrorism.

 In July, 2020, Pakistan Senate una

nimously approved two bills to manage the financial situations and relevant offences as per instructions of FATF. In August, 2020, Parliament’s lower house also passed four bills concerning FATF implications. In September, the joint session of the Parliament amended around 15 laws to upgrade its system so on match international standards. These bills include

• The Islamabad Capital Territory Waqf Properties Bill, 2020

• The Anti-Money Laundering (Second Amendment) Bill, 2020”

• The Anti-Terrorism (Third Amendment) Bill, 2020

• The Surveying and Mapping (Amendment) Bill, 2020, to stop and prohibiting printing, displaying, disseminating or using incorrect and unofficial map of Pakistan

• The Islamabad supreme court (Amendment) Bill, 2019, Best Law College in Multan to increase the quantity of judges in Islamabad supreme court for the efficacious dispensation of justice

• Pakistan Medical Commission Bill, 2019

• The Medical Tribunal Bill, 2019

• The ICT Rights of Persons with Disability Bill, 2020

 ‘All-weather friend’ China supported Pakistan and appreciated its counter-terrorism efforts and for being itself the victim of terrorism for several decades. He extended his financial help of $1 billion as loan to secure Pakistan from approaching to IMF.

 During the watchdog’s plenary meeting of FATF in February, 2020, Pakistan needed three votes to avoid ‘blacklist’. The three most influential members China, Best Law College in Multan Turkey and Malaysia voted in favor of Pakistan saving Pakistan from being added to the ‘Blacklist’.[12]

 Pakistan needs support of 12 out of 39 FATF members to urge out of Grey List. Foreign Ministry of Pakistan is struggling hard in obtaining the support at International level so as that it could achieve escaping out of the grey list within subsequent meeting of FATF.

Conclusion

Pakistan is during a state of war against terrorism for several years. during this war Pakistan possesses to tolerate multiple losses including the sacrifices of civilians and personnel also as financial and structural losses. Even then Pakistan possesses to face allegations and criticism at international level for financing terrorism and prevailing concealment .

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