' SHAH KHAWAR, J.--- Arguments heard. Record perused.
2. Perusal of report of parawise comments filed by the respondent No,3, the Regional Police Officer,- Multan are highly disappointing rather glaring example of discrimination meted out by the state functionaries. Emphasis has been laid on the provisions of Rule 17(2) of the Q/R. Rules, 1966. For convenience said rule is reproduced herein under: "Rule 17 of the W.P No,Qumi Razakars Rules, 1966, entitles PQR(s) benefit of such compensation as may be determined by the Government in each case:"
3. Bare Reading of above rule reflects that in case of death of a Q/R in the line of duty, his dependents will be placed at the mercy of the Government (Provincial) which may fix compensation at its discretion. This is highly painful that the Chief Minister Punjab publically announced package as contained in Directive bearing No,PSO/CMS/2-/ 2008-V dated 18-11-2009, which still remains unimplemented. For convenience the directive dated 18-11-2009 is reproduced herein under:--- ' During an encounter with some desperados in Districts Khanewal and Jhang, Ali Jan Sub- Inspector (Elite). Waqas Ahmad (497-C), and Abdul Rehman, PQR were martyred in two different incidents. On 17-11-2009, as desired and directed by the honourable Chief Minister to console the vereaved familes, their meeting with the Chief Minister was arranged wherein the following was announced:
(a) Immediate disbursal and release of Rs,3 Million (Rupees Three Million) as Shaheed's package already approved to the families of S.I. And the Constable.
(b) For the family of PQR Abdul Rehman, immediate release of Rs,2 Million (Rupees two million).
(c) Free Education and treatment to the family members of the Shaheeds as per policy.
(d) Special appreciation and commendation certificates to be issued by your kind office on behalf of the Chief Minister to team members headed by the DPOs for both the incidents (For those team members only who showed gallantry and professionalism).
' I have further been directed to communicate that necessary orders to the concerned quarters may please be passed for immediate compliance of the directions of the Chief Minister, Punjab.
' The application in original submitted by the family members, for employment is enclosed for ready reference.
4. This is noted with great concern that despite publically pronouncement made by the Chief Minister and directive issued by him same has not yet been implemented. The said directive contains order of immediate release of Rs,2 Million to the families of PQR Abdul Rehman, who embraced Shahadat during duty but the widow and family Sardar Mai v. Government of the Punjab (Shah Khawar, J) members of Shaheed PQM Muhammad Sajid are running pillar to post to receive the compensation and the matter is still lying in the shelves of the Chief Executives of the province, unattended.
5. This is observed that blood of a Shaheed cannot be classified in two categories by the respondent. Different compensations to the dependents of members of the police force and Qumi Razakars are in gross violation of the injunction of Islam as contemplated in Article 2-A of the Constitution of Pakistan, 1973. This classification is also violative of the provisions of Articles 4 and 25 of the Constitution of Pakistan, 1973. In both cases the Shaheeds either members of police force or Qumi Razakars scarify their lives to protect the lives of citizens, so they cannot be treated differently.
5. In the given circumstances, this Court cannot shut its eyes on this glaring violation of fundamental rights of the widow/family members of Shaheed Qumi Razakar Muhammad Sajid, who gave his life in the line of duty. While exercising powers of judicial review under Article 199 of the Constitution, the instant writ petition is allowed in the following terms:
1. The directive issued by the Chief Minister's Secretariat Punjab bearing No,PSO/CMS/2-1/2008-V dated 18th November may be implemented in its letter and spirit, within 30 days of receipt of this order.
2. The petitioner be provided compensation of Rs,2 Million. If the petitioner is already paid Rs,0.500 Million, such amount may be detected.
3. To provide employment to one adult male member of Shaheed Muhammad Sajid in Punjab Police.
4. If the directive dated 18th November, 2009 is implemented and if there occurs same enhancement in compensation, the differential may also be paid to the petitioner.
6. Before parting with the judgment, it is deemed necessary that a copy of this order may immediately be intimated to the Chief Minster and the Governor Punjab for compliance.
7. In the above terms, the instant writ petition is allowed.