| Citation(s) |
| 2007 SLG 703 2007 SLD 703 = 2007 PLD 346 |
Lahore High Court
Writ Petition No. 774 of 2006, decided on 20 December, 2006
SYED ZAHID HUSSAIN, J
Muhammad Azhar for Petitioners. Dr. Danishwar Malik, Deputy Attorney General for Pakistan. Aamir Rehman, Addl. A.G. Punjab and Khawaja Muhammad Afzal, Legal Advisor City District Government, for
Respondents
MUHAMMAD AND AHMAD (CORPORATE AND TAX COUNSEL) through Muhammad AzharvsGOVERNMENT OF PAKISTAN through Secretary Home and 6 others
Law: Constitution of Pakistan, 1973
Section: 184(3),199,21
Law: Punjab Emergency Service Act, 2006
Section: 5
(a) Constitution of Pakistan (1973)-------Art. 199-Constitutional petition---Locus standi to file petition---Precautionary measures proposed to curb/meet dangers of fire-crackers and disasters caused by them---Guidelines---Bus carrying a wedding party caught fire due to an explosion inside the same which resulted into loss of 26 persons including women and children and on a motion of petitioners/advocates for suo motu notice of the said tragic incident, Supreme Court treated the same as petition under Art.184(3) of the Constitution and observed that as incident had taken place at Lahore, petitioners could seek relief from Lahore High Court in accordance with law---Petitioners stated that due to carelessness and inefficiency of transport authorities, the bus, which was burnt, seemed to have never been checked by them; that it was criminal on the part of authorities to allow public bus on road with only one exit; that various concerned authorities showed negligence and carelessness in matter of manufacture, sale and use of fire-crackers and other hazardous material; that railway crossings were reportedly unmanned and carelessly watched; that fire-fighting system was very outdated and in the said incident fire brigade reached afflicted spot after damage had been done; that in emergencies the movement of ambulances, fire brigades and other rescue authorities had to be free and unrestricted while moving on roads---Validity---Locus standi of petitioner in view of conditionalities of Art.199 of the Constitution, stricto senso, could be questioned, however, in view of order passed by Supreme Court, notices were issued to respondents---High Court laid down the precautionary measures to be adopted by State functionaries for averting such incidents in future: (i) Gaseous glass be used for window panes as normal glass used for window fitted into iron/steel frames, could result in fatal injuries to victims in given situation: (ii) foam' be used to put out fire as water was not very effective on Chemical (sulphur) used in manufacture of fire-crackers; (iii) campaign through media should immediately begin to publicize and apprise disastrous effects of use of fire-crackers…
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