Case Details

Citation(s)
2022 SLG 32 2022 SLD 32 2022 SCMR 61
Supreme Court of Pakistan
C.M.A. No.46 of 2021 in H.R.C. No.12726-B of 2020, decided on 13th October, 2021. Date of hearing: 13th October, 2021.
GULZAR AHMED, C.J. AND MAZHAR ALAM KHAN MIANKHEL, J
Sohail Mehmood, Additional Attorney General for Pakistan. Ayaz Khan Swati, Additional Advocate General, Balochistan. Kamran Murtaza, Senior Advocate Supreme Court, Shehzad Ata Elahi, Advocate Supreme Court and Capt. (R) Muhammad Khurram Agha, Chairman,

REGARDING POOR CONDITIONS OF RCD HIGHWAY: In the matter of

Law: Constitution of Pakistan, 1962

Section: 184(3)

Constitution of Pakistan--- ----Art. 184(3)---Human rights case---Matter regarding dilapidated condition of National Highways---Regional Cooperation for Development Highway (RCD Highway)--- Hub-Khuzdar-Quetta-Chamman National Highway (N-25)---National Highway/Strategic Road from Chitral to Gilgit and onward (N-140)---Lack of facilities and police on highways---Inefficiency of the National Highways Authrity (NHA)---Harassment of highway travellers by Frontier Constabulary (FC) and Coast Guard (CG)---Observations and directions recorded by the Supreme Court in the matter stated. Despite spending of billion of rupees on maintenance of N-25 Highway, the only portion that was being shown in good condition by the National Highway Authority (NHA) itself in its report was 8.24%. This was a very serious state of affairs regarding maintenance of N-25 by NHA. Reflectors and road signs installed on the highway did not reflect at all because they were only painted and could only be seen in day time. Road lines were painted in a manner that they washed away after one rain although they were required to have a certain life. Besides, other road signs which were required to be installed for the safety of the public, were also not provided on the highway and all the highways were apparently, shorn of trees, as no trees were planted/grown on the sides of the highway. Supreme Court directed Chairman of NHA to ensure that N-25 should be in 100% good condition with all the facilities of a highway, and to file a comprehensive report regarding all the highways in the country. The overall condition of the N-25 highway and non-existence of the highway between Chitral and Gilgit cities, although shown in the map of the highway, reflected the (in)efficiency of the NHA, in that, its work was pathetic, non-conforming to the rules and the building codes, and the highways were in dangerous condition, where life of the people was at constant risk, and except for doing certain routinework on the highways, NHA seemed to be doing no major work to ensure safe travel of the people. Although the National Highway and Safety Ordinance, 2000 had been promulgated but no Highway Police had been…
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