Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr.Justice Tariq Parvez heard the Human Right Case No. 39774-P of 2011 (Application of Syed Muhammad Tariq Shah, seeking action on an unfortunate bus accident, carrying school children on Motorway).
Maulvi Anwar-ul-Haq, Attorney General for Pakistan appeared on Court notice while Prosecutor General Punjab and other officers appeared on behalf of Government of Punjab. Officers of Motorway Police also appeared before the Court.
Mr. Ashtar Ausaf Ali Khan, Prosecutor General Punjab informed the court that the Provincial Government, in addition to compensation of Rs.200,000/- already paid to the legal heirs of the deceased children, is paying Rs.500,000/- to the legal heirs of the each deceased child as compensation and in this regard, cheques have been issued to them.
Some of the legal heirs of the deceased children appeared and stated that cheques issued to them of Rs.500,000/- each could not be enchased for non-availability of funds. In this regard, learned PG stated that he undertakes to ensure payment against the said cheques to the applicants within a period of three days.
Learned PG Punjab placed on record a statement showing that on examination, fitness certificates of 4826 vehicles have be cancelled in the Province of Punjab and the said vehicles are now off-road. He further states that this process shall continue in future and no sooner, it was noticed that any public carrier/bus is not fit for plying on road, its fitness certificate shall be cancelled after observing codel formalities.
He has further added that to complete the exercise of examining all the vehicles in the Province as early as possible, the Government of Punjab has decided to extend full logistic support for the purpose of achieving the object.
Mr. M. Abid Javed, DG Anti-Corruption Establishment has filed a report, pointing out about registration of cases against the Motor Vehicle Examiners, who have been, prima facie, involved in issuing the fitness certificate to the vehicle, which were not roadworthy.
It was also informed that owner of the vehicle, which met with the accident in which 35 persons including 30 children lost their lives, has been arrested and criminal action is being initiated against him.
Learned Attorney General for Pakistan states that action has been taken against the three officials of the Motorways Police namely Amir Nawaz (SPO), Zahid Maqbool (PO) and Mustajab Hussain (photographer), and they have been removed from service whereas disciplinary proceedings are underway against DSP/CPO Fazal Mehmood Haideri.
Learned Attorney General further states that he shall take up the matter with the competent authority of the Federal Government for awarding compensation to the heirs of the deceased children and if he succeeds in his efforts, he will communicate the same to the Registrar of this Court.
The court observed that since the law has taken its course, no further proceedings are required to be drawn in the matter; as such the same are dropped. The case was disposed of accordingly.
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