Section 33 of the Punjab Environmental Regulation and Enforcement Authority (PERA) Force Laws is a crucial provision that ensures that all enforcement activities, particularly those involving arrests, investigations, and prosecutions, are carried out under the procedural safeguards of the Criminal... Read More
Section 33 of the Punjab Environmental Regulation and Enforcement Authority (PERA) Force Laws is a crucial provision that ensures that all enforcement activities, particularly those involving arrests, investigations, and prosecutions, are carried out under the procedural safeguards of the Criminal Procedure Code (CrPC). This section acts as a bridge between PERA’s special enforcement authority and the general criminal justice framework of Pakistan.
By referring to the CrPC, Section 33 guarantees that enforcement officers, Sub-Divisional Enforcement Officers (SDEOs), and Investigation Officers operate within well-established legal parameters. It means that any arrest made, investigation conducted, or prosecution initiated under the PERA Act must comply with the same procedures and protections that apply to other criminal cases in Pakistan. This includes due process rights, proper documentation, lawful detention, and timely production before a Magistrate—typically within 24 hours of arrest.
The integration of the CrPC into the PERA system provides a strong legal foundation for enforcement actions. It prevents misuse of authority and ensures that individuals accused of violating environmental or administrative laws are treated fairly. Furthermore, it enhances the credibility and transparency of the Authority by aligning its enforcement functions with national legal standards.
In simple terms, Section 33 upholds the rule of law by embedding PERA’s enforcement mechanisms within the criminal procedure framework. This approach ensures that environmental protection and legal accountability move hand-in-hand, reinforcing trust in PERA’s operations and ensuring that all enforcement decisions are subject to proper judicial oversight.
Hence, Section 33 primarily relates to the application of the Criminal Procedure Code (CrPC) in all enforcement matters under the PERA Force Laws.
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