affected area. In case AQI does not cross the level of 35, no action has been suggested by the court. Chief Justice Mansoor Ali Shah observed that the government departments had no desire, capacity or mutual coordination to deal with the Smog Emergency in the city.
The smog levels having touched the highest levels according to their own smog policy, no tangible steps were taken by the Environment Protection Department, Health Department or the School Education Department for the protection of the health or safety of the residents of Lahore, including children, pregnant women and persons of old age. This is most disconcerting and disappointing. Dense smog is physically visible in the city and the air monitoring record shows that it has gone above 300, the highest level. Doctors have confirmed that the smog levels are seriously hazardous to health of the residents. Inspite of this, no preventive measures to protect the life and health of the people have been put in place.
This court is bound to protect the fundamental rights of the people, therefore, relying on Article 9 of the constitution, i.e., right to life, read with the internationally recognised precautionary principle, till such time that the government proposes a detailed action plan, keeping in view the nature of the current crises, this court issued its own “Smog Health Emergency Action Plan”.
Government and its respective departments shall immediately act according to the directions given in the plan. The action of the government should be monitored by the chief secretary. Furthermore, daily readings of the air quality monitoring would be uploaded on the website of the Environment Protection Department and efforts shall be made to put real time data on the website at the earliest.
This data should be station-wise. The Smog Emergency Health Action Plan would come into motion on the basis of highest reading of any one of the air monitoring stations out of the five stations, the CJ added.