' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- Syed Sharifud-Din Pirzada, Senior Advocate Supreme Court had made a worldwide search to find out Building Codes applicable in different countries located in Seismic Zones. To assist the Court, he promised to place on record about 30 such Codes, copies of which will be supplied by him to the Attorney-General, Advocates-General of the Provinces and to learned counsel for C.D.A. They will examine these Codes in the light of the report which is likely to be filed by the Chief Geologist, reference of which will be made hereinbelow. They shall submit separately proposed Building Codes for making them applicable in their respective Provinces. Copies of the same will be placed on record for our perusal as well.
2. The Chief Secretaries of Sindh and N.-W.F.P., have not submitted reports in terms of para.2 of order, dated 21-10-2005 which is reproduced hereinbelow for convenience:- "Facts in brief, leading to filing of this petition, are that on 8th October, 2005 at 8-52 a.m. An earthquake of the magnitude of 7.6 Richter scale, jolted the Federal Territory, all cities and villages of Azad Jammu and Kashmir and N.-W.F.P., as a result whereof thousands people died and hundred thousand seriously injured, besides millions people have been left homeless. Similarly, due to this earthquake, the Margalla Towers, a ten storyed building, collapsed, which resulted in heavy loss of life of residents and permanent disability of injured."
3. The Chief Secretary of Balochistan and Punjab have submitted reports but so far had not identified the buildings which are not earthquake proof and the measures adopted on behalf of their respective governments to make existing buildings earthquake proof. As such all the Chief Secretaries of the Provinces are directed to do the needful before the next, date of hearing without fail. They would issue notices to the Builders and occupants of the buildings which have been constructed against Building Code represently applicable in the Provinces for adopting curative measures for making such high risk buildings earthquake proof. Non-compliance of their orders shall be intimated to the Court on next date.
' The Chief Secretary Sindh has not entered appearance, therefore, he is directed to ensure his presence on the next date of hearing along with the report and complete exercise in terms of above para.2.
4. The Chief Geologist of Pakistan appeared and stated that in pursuance of the earlier order, dated 21-10-2005, a Committee has been constituted to identify earthquake zones all over the country and report in this behalf will be submitted before the next date of hearing.
5. The representative of the Ministry of Commerce'appeared and submitted following report, dated 23-11-2005:-- "The Insurance Ordinance, 2000 does not contain any provision requiring mandatory insurance of high-rise buildings by builders or its residents. Such stipulations are normally contained in the by- laws of the concerned building control authorities or the local bodies. However, a builder or owner of such property is free to get the building insured under the normal laws of the land." The learned counsel appearing for the parties and Advocates-General may examine the report and suggest amendment in the Insurance Ordinance, 2000 to provide a cover to the builders of high-rise buildings as well as to its occupants before the next date of hearing enabling this Court to issue appropriate directions in this behalf as well.
6. The learned counsel for the petitioners stated that as Ramzan Khokhar one of the respondents has gained knowledge about the pendency of the case in this Court, as is evident from a letter sent by him, therefore, under the law it would be presumed that he has accepted the service, therefore, he be directed to file concise statement and also disclose his accounts/assets located outside the country in his own name as well as in the name of his wife as she has also been impleaded as one.
Of the respondents. .
7. The Chief Secretary of the Northern Areas as well as the Commissioner Capital Territory, Islamabad are also directed to join proceedings in view of the importance of the matter and comply with instant order as well as order, dated 21-10-2005.
8. Ch. Mushtaq Ahmad learned Senior Advocate Supreme Court has filed concise statement and has also handed over its copies to learned counsel for petitioner and others.
9. Dr. Babar Awan, learned Advocate Supreme Court stated that in the Province of N.-W.F.P. a number of schools, colleges and a university where students were studying at the time of earthquake have collapsed, therefore, the Chief Secretary be directed to submit the details of those buildings along with the details of the students who lost their lives and also explain:--
(i) as to whether compensation to the legal heirs of the students had been given; and
(ii) whether any action criminal or civil action against the responsible officers/officials for constructing substandard buildings has been initiated so far or not..
10. .
11. With the consent of the parties, the case is postponed for 7th of February, 2006.