' DOST MUHAMMAD KHAN, C J.---This constitutional petition was filed on 17-10-2011 wherein prayer has been made for payment of compensation to the mother of the deceased namely, Shahbaz Masih, who was killed by the militants while in lockup of the Bhana Mari Police Station Peshawar City when it was attacked by the militants on 4-7-2011. The contents of F.I.R. No, 691 of the same date and Police Station leave nothing in doubt to be debated upon for a little while and it is well established fact that the deceased while under the protection of the local police who were, in all probabilities and eventualities, hiscustodian but they failed to protect his life.
2. The Government has paid to hundreds of people death compensation on account of death of their bread winners in bomb blasts occurring in the city of Peshawar or elsewhere in the Khyber Pakhtunkhwa.
' In this case on 18-4-2012, pre-admission notice was issued to the respondents on the above grounds. The petition came up for second hearing on 22-5-2012 and then the learned A.A.-G.
Sought fifteen day's time to take up the matter with the government/authorities and if need be, to file a reply.
4. Third hearing in the case took place on 29-11-2012 and similar request was repeated while ten days time was given for filing reply.
5. The fourth hearing of the petition took place on 14-3-2013 and again ten days time on request was granted to the respondents. The next hearing took place on 16-5-2013 and the case was adjourned. Again the case came up for hearing on 2-7-2013 and the learned A.A.-G. Sought fifteen days time to take up the case/ matter with the Government/ competent authorities so to pay the required compensation to the petitioner in the laid down manner. Again the case came up for hearing on 18-9-2013 and this time as a last chance, on request of the learned A.A.-G. Further time was given to the respondent to either file a reply or to pay compensation amount.
6. Today, when the case was take up for hearing before the break time, none turned up from the respondents' side and after the break we summoned the learned A.A.-G. Who stated at the bar that he has got no plausible explanation to offer for the omission on the part of the respondents, not assisting and briefing the office of the Advocate General as to whether to contest the petition or to pay compensation.
7. This is a classic example of the detestable lethargic attitude of the official respondents; however, we would record our note of serious displeasure over the attitude of the provincial bureaucracy who are indulging in delaying tactics for no reason much less plausible. In majority of cases neither they submit comments/ replies within the given time nor put in appearance because they never thought that they are public servants and are under constitutional obligation within the meaning of Sub-Article (2) of Article 5 of the Constitution which in a commanding language requires as follows: "5(2) Obedience to the Constitution and law is the (inviolable) obligation of every citizen wherever he may be and of every other person for the time being within Pakistan. "
8. Not only this but the bureaucrats and the administrative secretaries, who are public servants to serve the people, are supposed to jealously safeguard the public interest/public exchequer, however, they prefer to enjoy more perks and privileges instead of doing the right thing. This is not the case of first instance but even today in almost six writ petitions, more important in nature in which vital interest of the government/public exchequer is involved and the bureaucrats/Secretaries are required to protect it by submitting reply well in time but they have displayed contemptuous attitude towards the court orders besides taking a little care of the public interest, therefore, copy of this order be sent to the Chief Minister Khyber Pakhtunkhwa who shall initiate enquiry into the matter in a very serious manner and to set right the bureaucrats who are indulging in such practice since long otherwise they should be sacked or sent out of the Province immediately and report be submitted to the Registrar of this court within one month. The learned Additional Advocate General, present in the court, is himself witness to such like tactics of the bureaucrats in many cases which were listed for today and he was right to cut sorry figure and apologize on behalf of those who shall be condemned by their superiors in rank and he was not required to apologize on their behalf.
9. So far as this case is concerned, it is well established through the documentary evidence like the attested copy of the F.I.R. And other undeniable facts that deceased Shahbaz Masih died while in custody of the local police during militants attack on the Police Station, hence, in view of the above Article, the State functionaries have failed to protect his life, therefore, the government is bound to compensate the petitioner in a reasonable manner and she be paid more amount than the one fixed for bomb blast victims' family compensation, anyhow, the needful be done and compensation be paid to the petitioner positively within one month otherwise, the respondents would be liable to be proceeded against for contempt of court. Petition admitted and allowed in the above manner.