PESHAWAR: The Peshawar High Court (PHC) has declared that Motorway Police would face legal actions for loss caused to human life and property owing to negligence in the performance of duty on their part.
A division bench comprising Justice Roohul Amin Khan and Justice Qalandar Ali Khan made this ruling in a writ petition filed against the removal of fences from different places on the M-1 (Peshawar-Islamabad Motorway), thus opening the motorway for free movement of animals causing risk to humans lives and also other violation of rules and regulations.
“Before parting with the judgment/order, we (court) deem it appropriate to once again urge the authorities concerned in the federal government, National Highways Authority (NHA) and Motorway Police to not only themselves strictly abide by the laws/rules, but also ensure strict compliance with laws/rules in letter and spirit.
Keeping a vigilant eye on those who tend to flout such laws and rules with impunity, as in that case they may expose themselves to actions in law for loss caused to human life and property owing to negligence in the performance of duty on their part,” stated a detailed judgment by Justice Qalandar Ali Khan.
Asmatullah, a resident of Kakshal locality in Peshawar, had invoked the constitutional jurisdiction of the high court under Article 199 of the Constitution, with a plea to direct the respondents to properly fence the motorways thoroughly to save every kind of dangers to human life.
The petitioner wanted the court to direct the respondents to legislate and frame rules/regulations for penalizing the drivers/vehicles owners for dirtying the motorways. During the arguments, the counsel for the petitioner, Noor Alam Khan, submitted that there was a lack of cleanliness on the motorway. He pointed out that removal of fences from different points on the M-1 had opened the motorway for free movement of animals endangering the human lives.
The lawyer argued that there was also the violation of the regulations and safety rules, which needs action on the part of the government/quarters concerned.
Irfan Anwar, a representative of Motorway Police along with Sikandar Rashid, legal advisor of National Highway Authority and law officer Javed Ali, representing the respondents, apprised the court about the standard safety measures adopted for the motorway users.
The court observed that if the objective of the writ petition was to highlight the need of appropriate measures for ensuring the safety of users of motorways by the government through effective steps, the writ petition has, probably, achieved its objective.
“Needless to say that the taxes collected at the toll plaza contribute to the salaries of all officers/officials of the concerned department; therefore, they owe to the nation that suchlike national assets are maintained/sustained at all costs as a national duty. The writ petition is disposed of, accordingly, in the above-stated terms,” said the judgment.
