' SYED ZAHID HUSSAIN, J.-An unfortunate incident took place in this city in the month of December 2005 when a Bus carrying a wedding party caught fire due to an explosion inside the same which resulted into loss of life of dozens of peoples including women and children. The incident received immediate attention of the public and was reported in the National Press, Print and Electronic Media. On a motion by M/s Muhammad Azhar and Muhammad Imran, Advocates for suo motu notice of this tragic incident, the Hon'ble Chief Justice of Pakistan treated the same as a petition under Article 184 (3) of the Constitution of the Islamic Republic of Pakistan, 1973 and ordered the issuance of notices to Advocate-General Punjab and Attorney General for Pakistan on 26-12-2005.
Suo motu Case No,15 of 2005 was, thus, taken up by the august Court on 28-12-2005 and following order was passed: "ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, CI-Petitioner Muhammad Azhar, appeared in person who is also advocate of High Court, when questioned as to why jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan of the Lahore High Court has not been invoked in view of the fact that the incident was taken place at Lahore, he could not answer satisfactorily.
' The matter is disposed of with the observation that if desired, petitioner can seek relief from the Lahore High Court in accordance with law."
' It was thereafter that the present petition was filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 by Muhammad & Ahmed (Corporate & Tax Counsel) through Muhammad Azhar, Advocate Lahore impleading therein the Government of Pakistan through its Secretary Home, Ministry of Railways, Government of Punjab through its Chief Secretary, Ministry of Transport, Government of Punjab, Ministry of Health Services, Government of Punjab, Ministry of Communications and Works, Cooperatives, Government of Punjab and the District Nazim, City District Government, Lahore.
2. The petitioners have taken up the issue with zeal that being a firm of lawyers they are "performing professional work as well as serving public cause by rendering free of charge legal advice and aid to persons who are in distress or in a State of helplessness for want of means or suffering from disability or social or economic disadvantage by reason of poverty unable to approach the courts for relief." It has, thus, been demonstrated that: "(i) carelessness and inefficiency of the transport authorities. The bus, which in burnt, seems to have never been checked by them. It was criminal on their part to allow a public bus on the road with only one exit;
(ii) the various concerned authorities which displayed negligence and carelessness in the mater of manufacture, sale and use of fire crackers and other hazardous material for such events which are dangerous of life. They were found in a bus which was being used for a wedding party and contained women, children and babies. Such negligence can lead to serious disaster, even bigger than the incidence of the above bus. Some strict provisions of law to meet such situation exist and they have to re-read and properly implemented by those who are concerned with them. Steps in this matter appear very urgent and necessary;
(iii) railway crossings, particularly where railway traffic is heavy in this country are reportedly unmanned and carelessly watched. There have been numerous tragedies of the railway authorities in this respect. It has because necessary in public interest and safety that the railway authorities should be required to exercise proper control over the working of railway crossing and to secure human and material loss by having them watched;
(iv) our firefighting system is very old dated and it is well-known that the fire brigade reach the afflicted spot after the damage had been done. Their equipment is usually out of order and in emergencies the worker are not immediately available. The whole system is in urgent need to be modernized with better and computerized equipment's and skilled staff to meet serious emergencies.
' There have been many complaints of inadequate care and attention by the hospital staff of patients brought in emergencies. In the present case three injured patients died in hospital due to insufficiency of the care of the hospital staff and other 8 persons left the hospital because they were not satisfied with the treatment and attitude of the hospital staff;
(v) the problems of accidents at railways crossings can be solved by improving the service of railway department. It had to be supplemented by building overhead bridges at important railway crossings. The Moghalpura Railway Crossing is one such crossing. The tragedy about this railway crossing is that it exists on the record of the concerned authorities and had continued to exists for over 20 years. Nobody knows, nobody had taken care to know why it has not been constructed. The need to construct overhead bridges whose construction has been approved is obvious. So is the need to find the other railway crossings where an overhead bridge is necessary and to build them;
(vi) in emergence the movement of ambulances, fire bridges and other rescue authorities has to be free and unrestricted. It has been noticed that on account of negligence of the traffic police rushing ambulances, fire brigades and other rescue authorities get stuck up by the passing luxury cars. The traffic police seem neither interested to control this situation nor does it and the result is that the above authorities fail to reach the victims in time. As a matter of fact the situation calls for a proper and practical planning in which the traffic police has to play a big role. The traffic police will have to suitably train and properly equip to act quickly;
(vii) in the situation of the above tragic accident it may be necessary to issue directions for criminal proceedings on charge of murder of about 26 innocent persons and serious negligence of duty by the various concerned authorities belongs to the police, transport, railway departments and the City District Government of Lahore; and
(viii) In the above tragedy lives have been lost, injuries have been caused and loss of property has occurred to the victims of the fire. The dead have gone and will not return. The injured persons are suffering but the suffering will end at last-though it may be a long period. The need now is to provide the victims and their families some practical help, some monetary assistance, bread and a restful life. They deserve it. And it is our duty who unfold their misfortune to provide urgent help now.
So far there has been no indication of any kind of help from any quarter, government or private."
' They have, thus, prayed for issuance of suitable directions to the respondents.
3. Though the locus standi of the petitioner in view of conditionality's of Article 199 of the Constitution of the Islamic Republic A. Of Pakistan, 1973 stricto senso could be questioned, however, in view of the above mentioned order passed by the Hon'ble Supreme Court of Pakistan, notices were issued to the respondents. They are represented.
4. Report and para wise comments were filed by the respondents. It has inter alia been mentioned that "The said tragic incident took place on 11-12-2005 near Moghalpura Railway Crossing, Lahore, in the bus, carrying the participants of wedding party who also had a huge quantity of Fire Crackers in stock with them, the carriage of which is absolutely illegal. The careless usage of the fire crackers inside the bus caused the explosion and fire, due to which innocent lives were lost in that tragedy." Since none has a dispute or cavil that such an unfortunate incident was shocking to everyone, the learned Law Officer for the Federation, the Province of Punjab as also the Legal Advisor of City District Government expressed willingness of the relevant statutory functionaries to adopt any precautionary and preventive measures so that occurrences of any such type as far as possible may in future be averted and avoided. Thus with the consensus of the learned counsel for the petitioner and the learned Law Officers representing the respondents, it was decided that Dr. Danishwar Malik, learned Deputy Attorney General for Pakistan may convene meeting of all concerned to suggest ways and means to avoid and avert such occurrences. In the final meeting that took place on 16-12-2006 and was attended by Mr. Izhar Ahmad, Additional Secretary Local Government, Mr. Aamir Zulfiqar, D.I.-G. (Operations) with D.S.P. (Hqs.). Khawaja Muhammad Afzal, Legal Advisor City District Government, Mr. Mansoor Qadir, District Officer Coordination, Mr. Inamuur Rehman, Deputy Director for Secretary Communications, Mr. Kamran Shuja, Assistant Director (Legal) on behalf of Secretary Transport, Mr. Raja Altaf, Chief Fire Officer, Lahore, it was decided as follows:
(i) Gaseous glass be used for the window panes as normal glass used for the window fitted into the iron/steel frames could result in fatal injuries to the victims in the given situation.
(ii) Foam be used to put out the fire as water was not very effective on the chemical (salphur) used in the manufacture of fire crackers.
(iii) Campaign through the media should immediately begin to publicize and apprise the disastrous effects of the use of fire crackers etc. On occasions such as marriages.
(iv) The registration law should be amended to make adequate provisions on the point of permission and user of the fire crackers.
(v) Local Nazims instead of the police be employed to locate the premises where fire crackers were stored.
(vi) Ingredients and chemicals etc. Used in the manufacture in fire crackers should also be studied and their composition and ratio ascertained and compared with the other countries where fire crackers etc. Are manufactured for ceremonious occasions such as the Guy Fox day in England."
5. The learned Additional Advocate-General Punjab has also brought to my notice a recent legislation in the Province of Punjab namely, The Punjab Emergency Service Act, 2006. The object and aim of which is to establish a Service called Punjab Emergency Service whose functions inter alia are to--
(a) maintain a state of preparedness to deal with emergencies;
(b) provide timely response, rescue and emergency medical treatment to the victims of an emergency including medical and surgical emergences;
(c) establish a system for rapid communication, exchange of information and quick response to combat or deal with an emergency;
(d) arrange for a universal toll fee emergency dial-in-number as may be allocated by the Pakistan Telecommunication Authority to be used throughout Punjab;
(e) play a lead role and coordinate the working of other organizations or agencies which have lawful authority to respond to an emergency;
(f) arrange transport where necessary for carrying persons requiring emergency medical treatment from the emergency area to the nearest hospital or health care unit having arrangements for emergency medical care and treatment;
(g) establish community emergency response teams through enlistment, training, coordination and supervision of volunteers to assist the Service in safety promotion and management of emergencies;
(h) impart training and grant certificates to rescuers, volunteers and other private persons for due performance of emergency management duties;
(i) establish direct contact with local and international organizations and training institutions to maintain the Service according to international standards;
(j) collect, compile, maintain and analyze emergency response data and statistics relating to emergencies and to use it for research and prevention of such emergencies;
(k) implement the regulations framed by the Council for dealing with emergencies in accordance with the provisions of this Act;
(1) suggest measures for the prevention or mitigation of hazards endangering public safety on roads, public parks and other public places particularly exhibitions, trade shows, amusement parks, and fairs with regard to public safety provisions;
(m) encourage, facilitate, and train staff of non-governmental organizations and educational institutions for emergency management;
(n) register and ensure minimum standards and code of conduct to be followed by rescue vehicles ambulances and patient transportation services;
(o) coordinate and maintain an effective liaison with all other organizations managing emergencies."
' Section 5 of the Act.
The Act envisages the constitution of a "Council" known as Punjab Emergency Council, the Chairman of which is none other but the Chief Minister of the Province himself. Its membership comprises all concerned Departments/functionaries. "Emergency" as defined by this law means "a serious and potentially dangerous situation requiring immediate action such as an accident, hazardous material incident, fire, explosion, natural or man-made disaster". Pursuant to this legislation I am informed that a meeting of the Council has already taken place under the chairmanship of the Chief Minister of the Punjab.
6. Another aspect which has been highlighted is the functioning of Punjab Emergency Service- Rescue 1122, which has already become functional. Its aims and objects are as follows: "The limited capacity to deal with emergencies like road traffic accidents, buildings collapse, explosions, fires and disasters was putting the lives and properties of citizens at risk. Therefore, the Government of Punjab has introduced a system for emergency preparedness, response and prevention through legislation and Punjab emergency service (Rescue 1122) has been established for proper management of emergencies.
' The Service started as an Emergency Ambulance. Service has been a great success by providing efficient and effective response, rescue, emergency medical treatment and safe transportation to helpless victims of accidents, Emergencies and Disasters whom earlier people were afraid to help due to medico-legal reasons. The Service with only .6 stations at strategic locations in Lahore, 14 Emergency Ambulances and two hundred trained rescue paramedics was able to provide an average response time of 7 minutes in a city of over eight million population which is an achievement even internationally. Based on the success of this trained emergency service in Lahore its role has been expanded to include Rescue. Fire and Disaster preparedness and response.
' The expansion of this comprehensive Emergency Service Infrastructure to Rawalpindi, Faisalabad, Multan, Gujranwala, Sargodha, Bahawalpur, D.G. Khan, Sialkot, Rahim Yar Khan, Sahiwal and Murree is underway.
Objectives ' Establishment of a system for Emergency Preparedness, Response and Prevention.
' Development of Safer Communities through proactive approach towards Emergency Management , Community Awareness and Training.
' To have positive socio-economic impact on society by reducing disabilities and deaths due to injuries (mostly resulting from road, traffic accidents, the leading cause of deaths) amongst young able bread-winners."
7. The legislative and administrative measures taken recently by the Government i,e, the promulgation of the Disaster Management Ordinance, 2006, the Punjab Emergency Service Act, 2006, the establishment of Emergency Service (Rescue 1122), the establishment of Emergency Council manned by high functionaries of the Government, are undoubtedly laudable efforts on the part of the Government, however, the value of "life" need to be realized with much more responsibility and duty. According to Article 9 of the Constitution of the Islamic Republic of Pakistan 1973 as explained by the Courts from time to time, the word "life" is very significant as it covers all facets of human existence and a person is entitled to protection of law from being exposed to such hazards as may be due to installations like Grid Stations, Power Stations, Gas Stations etc. Detailed discussion appears in Ms. Shehla Zia and others v. WAPDA (PLD 1994 SC 693). In Judicial Review of Public Actions by Justice (R.) Fazal Karim, Volume 1 at page 587, there is a quotation from Osman v.
U.K. (1998 5 BHRC 293) "that the first sentence of Art. 2(1) (Art.2(1) of European Convention) enjoins the State not only to refrain from the intentional and unlawful taking of life, but also to take appropriate steps to safeguard the lives of those within its jurisdiction...It is common ground that the State's obligation in this respect extends beyond its primary duty to secure the right to life by putting in place effective criminal law provisions to deter the commission of offences against the person backed up by law enforcement machinery F for the prevention, suppression and sanctioning of breaches of such provision. It is thus accepted...That Art.2 of the Convention may also imply in certain well-defined circumstances a positive obligation on the authorities to take preventive operational measures to protect an individual whose life is at risk from the criminal acts of another individual." It shows the significance of life and duties and obligations of the State and its functionaries.
8. Article 21 of the Indian Constitution is of identical nature. In Pt. Parmanand Katara v. Union of India and others (AIR 1989 Supreme Court 2039) it was observed that "Article 21 of the Constituting casts the obligation on the State to preserve life. The provision as explained by this Court in scores of decisions has emphasized and reiterated with gradually increasing emphasis that position. A doctor at the Government hospital positioned to meet this State obligation is, therefore, duty- bound to extend medical assistance for preserving life. Every doctor whether at a Government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life. No law or State action can intervene to avoid/delay the discharge of the paramount obligation cast upon members of the medical profession." In furtherance thereof it was observed in Paschim Banga Khet Mazdoor Samity and others v. State of West Bengal and another (AIR 1996 Supreme Court 2426) that The Constitution envisages the establishment of a welfare State at the federal level as well as the State level. In a welfare State the primary duty of the Government is to secure the welfare of the people. Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a welfare State. The Government discharges this obligation by running hospital and health centers which provide medical care to the person seeking to avail those facilities. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The Government hospitals run by the State and the Medical Officers employed therein are duty bound to extend medical assistance for preserving human life. Failure on the part of a Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21." All this shows the importance and significance of human life. Falling of calamities is not unusual but what is to be seen is as to how can loss of innocent lives and damage to valuable properties be averted and minimized and what steps are taken by those who are bestowed with such duties and functions. All concerned i,e, the People and the Government Departments/functionaries have to play their role in this regard. From the above legislative measures, it appears that the Government is not unmindful about such incidents.
9. Apart from the decisions taken in the meeting dated 16-12-2006 I would commend to the Government to prescribe appropriate guidelines laying down ways, means and measures so that everyone charged with administration performs his duty and function, aptly: "(i) It is a matter of common knowledge that even when there is extreme emergency very often, the emergency vehicles/ Ambulances do not find way to reach the destination due to the heave load and rush of traffic on the road. The Government needs to pay heed to this ever-growing chaotic situation and traffic problem on the roads. The widening of roads, removal of encroachments and bottlenecks, construction of underpasses, strict observance of traffic rules and discipline may be of some help and relief in this regard.
(ii) During VVIP movement when traffic is stopped on certain roads and diverted to the others, it should be ensured that emergency service vehicles, fire brigade vehicles and ambulances are given way without any hindrance. Police force particularly traffic personnel should have clear instructions in this regard.
(iii) There is also a need to extend the fire brigade network/services keeping in view the expansion of the city/population. The authorities including the City Government and Town Administrations, the other Authorities like Development Authority while sanctioning new development schemes should ensure the provision of fire brigade sites and stations in such localities.
(iv) The relevant Departments of the Government should maintain record of stores/shops/premises where explosive material is housed or sold. Observance of safety regulations and arrangements should be ensured by strict vigilance and supervision.
(v) Apart from use of crackers at the wedding parties/functions, firing has also become a common feature these days. Notice of which can be taken by the local police even. Their little vigilance and supervision can bring about positive results and loss of lives can be avoided.
(vi) (vi) It has come on record that construction of overhead bridge at Mughalpura Railway Crossing is under consideration with the Government of Punjab and feasibility was being prepared for this purpose. The implementation of such project can be expedited to alleviate the sufferance and problem of public."
' These are only few of the problems a steps and measures, which require immediate attention of the Government. As mentioned above, the latest legislative measures though go to show the concern of the Government yet the fruition of these efforts is dependent entirely upon implementer steps in letter and spirit. One can only be sanguine that maximum endeavour will be made by the Governmental agencies to ensure the safety of the peoples and the properties.
The petition is disposed of accordingly with the above II observations.