Public Nuisance (Ss. 133–143)

Chapter X (Ss. 133–143) deals with public nuisance.

• Section 133: A Magistrate may make a conditional order for removal of public nuisance.
• The Magistrate can act on receiving a police report or other information (Both).
• A Magistrate of the first class can make a conditional order for removal of unlawful obstruction from way/river, fencing of a tank/well/excavation, or construction of a building — all of these.
• A conditional order under S. 133 is deemed a bar on both civil and criminal procedure.
• Evidence taking for making such conditional order is discretionary.
• A person against whom such order is made may: appear before court, show cause, or apply for a jury — all of these options.
• Section 135(B): The person may show cause or apply to the Magistrate to appoint a jury to try whether the order is reasonable and proper.
• Section 137(1): If the person shows cause against the order, the Magistrate shall take evidence.
• Section 139: If the jury finds the order reasonable, the Magistrate shall make the order absolute.
• Section 143: A Magistrate of the first class may order a person not to repeat/continue a public nuisance as defined in the Pakistan Penal Code or any special/local law, prohibiting its repetition and continuance (Both).