Asghar Legari vs. Federation of Pakistan, etc.

The petitioner, an agriculturist, filed a suit against the government of Pakistan for its failure to implement the National Climate Policy of 2012 and the Framework for Implementation of Climate Change Policy announced by the Ministry of Climate Change. He submits that, for Pakistan in particular, climate change is no longer a distant threat, with devastating floods in three years prior to the petition. Thus, climate change comes with far reaching consequences and real economic costs.

He submits that failure to implement the Framework offends his fundamental rights as well as the constitutional principles of social and economic justice since he might not be able to sustain his livelihood as an agriculturist. He also submits that international environmental principles like the doctrine of public trust, sustainable development, precautionary principle and intergenerational equity from part of the fundamental rights.

The court treated the petition as a rolling review or a continuing mandamus and considered it similar to the Philippines' Writ of Kalikasan. The court nominated a climate change focal person for different ministries and departments to help ensure implementation of the Framework. It also constituted a Climate Change Commission which shall submit reports as and when directed by the court.

Subsequently, the Climate Change Commission reported that 66.11% of the priority actions under the Framework have been successfully implemented. The court then dissolved the Commission and constituted a Standing Committee on Climate Change to act as a link between the court and the Executive to ensure that the Policy and Framework continue to be implemented.