In the landmark judgement, Mehar Badshah vs. Government of Khyber Pakhtunkhwa, the Supreme Court of Pakistan sets the precedent of environmental rights litigation under Article 9A of the constitution.

The Climate Risk Index (CRI) 2025 ranks Pakistan as the most affected country by extreme weather events in 2022[1]. Being at the front line of the environmental crisis, our flora, fauna, and topography are under the constant shadow of depletion. Deforestation in particular has become a grave issue with Justice Jawad Hasan, citing a research report, observing that the natural forest cover had reduced from 3.59 million hectares to 3.32m hectares at an average rate of 27,000 hectares annually.[2]

KPK, known for its beautiful snow-covered tapestries of Shisham, Deodar and Pine, is under constant scrutiny with due unchecked activities of the timber mafia. With political backing, this timber mafia is operating and rooting out all the precious timber, leading to increasing landslides and reduced carbon absorption. Amidst all this flora depletion, the 26th Amendment 2024 incorporated Article 9A in the Constitution 1973, introducing “The Right To a Healthy Environment” as a fundamental right, previously dealt with in the scope of Article 9, “Right to Life”. This case, Mehar Badshah v. The Government of KPK, is a significant development in understanding the judicial interpretation and scope of Article 9A.

Hearing of civil petition No. 524-P of 2015, which pertained to the illegal cutting of 218 Shisham trees, led to the resurfacing of a broader question of deforestation in KPK, which solely reflected the sheer incompetence of the Forest Authorities. Taking cognizance of the larger issue, the Court directed the KP Government to submit a detailed report addressing the following:

(a) The annual budget of the Forest Department

(b) The total number of employees

(c) The quantity of timber legally allowed to be cut

(d) The quantity........

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