‘Crushing’ injustice — The lawyer who took on the mining giants and won – Pakistan

In Ghumawan, where silence had long been mistaken for acceptance, one young lawyer reminded his people that justice is not abstract. It is the land beneath our feet, the water in our streams, and the mountains we owe to the next generation.

A quick Google search for Ghumawan, a quiet village tucked along Thandiani Road in Abbottabad, yields little more than a map pin and a handful of Facebook posts. No Wikipedia entry, no history, no headlines. Yet a Shutterstock result labelled “serene” shows photos with a backdrop of half-eaten mountainsides and a disappearing landscape.

The culprit? Mining.

In this forgotten village, a small storm has been brewing. Not of weather, but of will. A young man named Hashim Jadoon, just shy of 30, had returned home after studying law at the University of London in 2022. He had done his time in Islamabad’s legal circuit, working the grunt roles young lawyers are usually handed, and received his high court licence. “I wanted to do something more,” he said. He left Islamabad, unaware that what he was wishing to pursue was waiting for him at home, in humble Ghumawan.

pre-feasibility study conducted by Small and Medium Enterprises Development Authority (SMEDA) in 2016, demand for stone crushing increased as the construction sector grew at a sizeable rate, providing budding businessmen at the time with investment insight, and promising a return of 29 per cent in three years.

Since then, Pakistan’s construction sector has contributed approximately 2.5pc to the GDP in the fiscal year 2024, employing almost 8pc of the total labour force and stimulating over 40 industries, according to the Board of Investment (BoI). GlobalData has further prophesied that the industry is expected to grow at an average annual growth rate of 4.6pc from 2026 to 2029.

“There was a time there was nothing but the jungle in Dhodial and beyond,” recalls Adnan, “There were wild hares and partridges that frequented our orchards. Google satellite imagery of 1990 can show you the devastation.”

Stone crushers produce 20mm, 16mm, 13mm, 10mm, or 5mm stone chips to supply the ever-expanding construction industry. The material primarily consists of hard limestone and granite, though no exact geological mapping exists. According to SMEDA, “tens of billions of tonnes” are available across the country. These can be extracted either through powered mining — blasting mountainsides — or through riverbed mining, which involves fishing out large stones from rivers.

Regulatory standards dictate environmental protection measures, such as ensuring stone-crushing units maintain a 500-metre distance from residential areas, avoid blocking traffic, and do not pose safety hazards. These concerns are largely tied to byproducts such as effluent (liquid waste discharged into waterways) and asbestos, a naturally occurring toxic fibre with carcinogenic silicate minerals that is present in dust particles.

Further guidelines recommend the use of coagulation solvents, sedimentation tanks, and measures to prevent effluent from mixing with waterways. They also call for dust containment enclosures and tarpaulins to limit aerosol loading, along with the enforcement of proper safety standards and provision of protective equipment for miners.

However, according to a study conducted by Syed Yawar Ali in 2012 at the Pakistan Institute of Development Economics (PIDE), stone crushing largely makes use of manual labour (usually rural to urban migrants, and unskilled labour). Ali posited that the industry remained largely unorganised and undocumented, giving high leeway to bypass environmental and social welfare regulations.

Conducting interviews and questionnaires with local residents, he uncovered that most stone crushing units in Khyber Pakhtunkhwa (KP) were within residential or commercial areas. One in 10 had an official licence, most labourers did not have personnel safety gear and suffered numerous diseases including cancer, asthma and other respiratory issues.

Cancer incidence in the KP region accounted for about 20.2pc of cases in a 1994–2021 study by Shaukat Khanum Memorial Cancer Hospital.

“I have only recently been operated on for kidney stones, and someone else I know just came out of surgery,” says Adnan. Research suggests exposure to heavy metals, such as those found in mining environments, can be a risk factor for developing kidney stones.

dismissed multiple constitutional petitions filed by various stone crushing plants challenging an Environmental Protection Tribunal. This restrained their operations for lacking the mandatory Environmental Approvals (EAs) under Section 13 of the Khyber Pakhtunkhwa Environmental Protection Act, 2014 (KPEPA).

The crush plant owners once again challenged the stay order of the Tribunal before the PHC. Here things took a sensational turn.

Writ Petition (WP) number (no.) 316-A/2025) — the judgment that ultimately destroyed all crush plants.

The verdict declared that Pakistan’s pride — its mountains — were being destroyed at an unprecedented speed, while holding the Environment Protection Department (EPD) and the government for not accounting for the disappearing landscape. The court opined that until and unless the government could strategise to preserve the mountains, no crush plant owner should be granted environmental approval to operate.

In open court, Justice Mudasser stated that crush plant owners need to look to other lines of business. He urged them to look toward global innovations such as building roads out of plastic and recycled products.

As the miners continued to oppose and play various games, a similar case unfurled in Haripur (also represented by Jadoon), which made it to the Supreme Court (SC).

precedent-setting ruling, directing the Environmental Protection Agency (EPA) to issue Environmental Protection Orders (EPOs) against more than 900 illegal crush plants operating across Khyber Pakhtunkhwa.

In this landmark victory, Justice Shah — a staunch advocate for environmental justice — championed a bold shift in how courts approach environmental litigation. He called for a proactive, inquisitorial, and sustainability-driven model of judicial intervention.

He asserted that the environment itself, not just the litigants, must stand at the heart of every decision, to be treated as a third party in the courtroom. In his words and actions, he made clear: in every environmental dispute, the ultimate winner must be the planet.

As of July 17, 2025, all mining leases have been suspended. The court held that none of the plants in question possessed a valid Environmental Impact Assessment (EIA), rendering their operations illegal from the outset. It further ruled that procedural objections could not legitimise activities explicitly prohibited by law.

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