Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Direction to public functionaries---Scope---Petitioner was aggrieved of lack of cleanliness on the motorway; removal of fences from different places and violation of rules together with inaction on the part of government to curb such glaring violation of safety rules on the motorway--- Validity--- High Court directed the Federal Government, National Highways Authority and Motorway Police to strictly abide by the law/rules, ensure strict compliance in letter and spirit; keep vigilant eyes on those who tend to flout such law 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 performance of their duties---Constitutional petition was disposed of, accordingly. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, J.--- Asmatullah son of Naimat Ullah resident of Kakshal, Mohallah Muslim Abad No.3, Peshawar (petitioner) invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayers:- "a. Direct the respondents to properly fence and protect with fence the motorways thoroughly in order to protect every kind of unexpected dangers to human life. b. Direct the respondents to legislate and frame rules/ regulations for penalizing the drivers/vehicles users in case of throwing any dirt or any used substance on the motorways. c. Direct the respondents to keep vigilant eyes over those vehicle's drivers who cross the limits by over speeding and create dangers to himself as well as other vehicles. d. Direct the respondents to stop any unauthorized entry in the motorway. e. Any other remedy which deems fit by the Hon'ble Court may also be granted in favour of the petitioner." 2. Being a citizen of Pakistan and claiming to be working for public welfare in different sectors, and aggrieved of lack of cleanliness on the motorway, a mega project for development of the country, besides removal of fences from different places thus opening the motorway for free movement of animals causing risk to humans lives and also other violation…

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