' ABDULLAH BALOCH, J.---In this petition, the petitioner has sought the following relief:-- "It is, therefore, prayed that in consideration of above stated facts and circumstances of the case, this Hon'ble Court may be pleased to allow the instant petition by issuing a writ against the respondents with the directions to allow the transporters including members of petitioner's association to ply their busses according to their respective time table and route permits on day and night basis without any obstruction or imposing any sort of condition and further to direct the respondents to make all necessary security arrangements for passengers of the respective routes.
' With any other relief which this Hon'ble Court may find deemed fit and appropriate in the circumstances of the case may also be awarded with cost of the proceedings, in the interest of justice and equity."
2. Facts of the case are that the petitioner is the President of Blochistan Bus Owners Association (Registered) (hereinafter referred as "the association"). The association was established for welfare of the buses owners, who are plying their buses from Balochistan to sister provinces on day and night basis and according to the time table provided by the respondent No,3 being a regulatory authority. It is averred in the petition that for the last about one year on account of law and order situation the local administration is not allowing the buses of long routes at night time rather stopped at Kolpur and Dera Murad Jamali and instead they are being allowed only to travel during day time, hence in such behalf several meetings were held to streamline the situation by providing necessary security etc., while the Association as well as the bus owners have also extended their full cooperation to the local administration. Hence, in this behalf certain steps were taken by the local administration with the help of law enforcing agencies and it was assured to the Association that as soon as the law and order situation is normalized, the buses of night time will be allowed merely on the route of N-65 i.e, Quetta to Sibi and onward routes to Sindh and Punjab provinces.
However, in the recent past, the respondent No,2 (D.I.G. Nasirabad Range) on account of so-called security reasons has started to stop the vehicles at Kolpur and Dera Mural Jamali after sunset and the buses are not being allowed after sunset from Kolpur to onward and from Dera Murad Jamali to Quetta, due to which the passengers are facing hardship and inconvenience as on the both points i.e, Kolpur and Dera Murad Jamali, there is absolutely no proper arrangement for stopping of the buses and to provide stay and accommodation to the passengers, resultantly the passengers spend their nights in open sky without any facility of food accommodation etc. Hence, under such circumstances, the respondent No,1 (Home & Tribal Affairs Department) was approached Nene the matter by allowing the transporters to ply their buses according to their time tables provided by the respondent No,3, who is the regulatory authority of Transport, but without any positive results. It also further averred in the petition that the Local Administration and law enforcing agencies are under legal obligation to provide necessary security to the transporters of the respective routes, particularly on main National Highway N-65 and to ensure the smooth and safer traveling of buses, but the respondents have failed to perform their legal obligations to provide proper security and they their own self-styled manner have started stoppage of vehicles at Kolpur and Dera Murad Jamali and in this manner the hardship and difficulties of the passengers have further been enhanced, whereas the government is reluctant to take any positive steps for redressing the grievances of the petitioner.
3. On service of summons, the respondents have filed their para wise comments. The respondents Nos. 2, 5 have refuted the claim of the petitioner and maintained that no vehicles are being stopped in the area of Naseerabad Police Range jurisdiction rather due to law and order situation protection is being provided to the buses by moving them in convoys/escorted by Police/Levies Mobiles especially after and before sunset and as per direction of I.G. Police Balochistan the vehicles are being escorted from the boundary of one district to another. The respondent No,3 denied the issuance of time table and maintained that the same was issued by the Secretary RTA Quetta in the year 1984 and the then Secretary RTA Sibi in the year 2006.
4. Learned counsel for the petitioner stated that the petitioner is Balochistan Bus Owners Association, plying their coaches day and night in accordance with the time table on the route N- 65 i.e, Quetta to Sibi, Nasirabad, Dera Murad Jamali and towards Sindh and Punjab Provinces; that the local administration due to tragic law and order situation is not allowing the petitioner to ply their coaches after sunset and the buses are not being allowed after sunset from Kolpur to onward and from Dera Murad Jamali to Quetta; that the respondents are reluctant to allow the busses to ply after sunset and compelling the petitioner to run their buses in shape of convoys; that the passengers have facing hardship and inconvenience because after the sunset in winter and summer seasons there is no facilities are available at Kolpur and Dera Murad Jamali for the passengers accommodation and food as a result whereof, passenger have to spent night in open sky; that the petitioner not only. Extended its corporation to the local administration and the respondents, but also approached Respondent No,1 to intervene in the matter and to allow the owner of the bus to ply their vehicles accordingly to their respective permits and time table, but unfortunately, no heed was paid. He further prayed that the petitioner be allowed to ply their coaches on their respective permit and time table.
5. Conversely learned Addl. A.G. Appeared on behalf of the respondents strongly opposed the argument so advanced by the learned counsel for the petitioner and stated that coaches have been plied accordingly to their timetable, but for the security reasons the buses at night time are moved in convoys system and being escorted by Police and Levies from one district to another district for safe journey of the passengers. He further contended that in this regard a meeting was also held between the representative of the petitioner and the respondents and with their mutual consent schedule and timing of buses at night time was decided, but the petitioner is deviating from his commitment and want to ply their buses by their own choice which could not be allowed due to security reasons.
6. We have heard the counsel for the parties and perused the record minutely. The record reveals that the bus plying from Quetta via N-65 Bolan, Sibi and Nasirabad and toward Sindh and Punjab Provinces have been issued different time tables. The record further reveals that due to tragic law and order situation the busses have been taken from Kolpur to Dera Murad Jamali at night time in shape of convoys and being escorted by Police, levies and FC. The record further reveals that a meeting of buss owners association and respondent was held on 11th June 2015 at 02:30 P.M. In the office of respondent No,2 DIG Police Nasirabad Region, wherein it was unanimously decided that the buses will run on convoys system and being escorted by the different agencies and the first convoy from Jacobabad to Quetta will depart at 9.00 P.M., while the second convoy from Jacobabad to Quetta will depart at 11:00 P.M., and the third convoy from Jacobabad to Quetta will depart at 01.00 a.m., while from Sibi to Jacobabad first convoy will depart at 08:00 p.m., while second convoy from Sibi to Jacobabad will depart at 10:00 P.M.. Similarly, first convoy coming from Quetta will depart from Sibi at 08:00 P.M. And reached Nasirabad at 09:30 P.M., while the second convoy will depart at 10:00 P.M. And reached the territory of Nasirabad at 11:30 P.M. It has further been transpired from the record that the A meeting under the chairmanship of Deputy Inspector General of Police Nasirabad Range was held, wherein the schedule and timing of convoy was unanimously decided by the participants of the meeting and as per aforesaid decision of the meeting the parties are bound to abide by the agreement in letter and spirit, but on the contrary the petitioner are reluctant to follow the decision taken by their representative with the respondents. There is nothing on the record to support the claim of the petitioner that the respondents have issued any adverse order and prevented the petitioner for plying the coaches after sunset, as such, the claim of the petitioner is baseless and having no force. Even Otherwise there complete schedule available on record for plying the coaches at day and night time on convoy system being escorted by police, levies and other agency for safety of the passengers, which is a policy matter, warrants no interference by this Court in its constitution jurisdiction.
For the foregoing discussion hereinabove the petition being B devoid of merit is dismissed, with no order as to cast.