Through this constitutional petition, the petitioner has sought a direction to respondent No.1 to produce the record of Mr. Muhammad Shafiq TWF/367 (late) with a further prayer to set-aside the order/letter dated 20.07.2018 issued by respondent No.1 whereby the late husband of the petitioner was not declared as "Shaheed" being an accidental case.
2. Brief facts giving rise to the filing of this constitutional petition are that on 19.06.2006 the petitioner 's husband was appointed as Traffic Warden (BS.14) in District Faisalabad and served the department about 11 years. On 11.02.2017 the husband of the petitioner while on duty met an accident with a damper and succumbed to the injuries for which an FIR No.182/2017 was registered at Police Station Millat Town, District Faisalabad. The deceased left three daughters, two sons and one widow as his legal heirs. The petitioner submitted two applications to respondent No.1 & 2 respectively for declaration of deceased as "Shaheed" upon which a DSP was appointed as inquiry officer who on 28.03.2017 approved that the deceased (husband of the petitioner) was a "Shaheed". The said letter was forwarded by respondent No.4 to Additional Inspector General of Police. The petitioner also submitted two other applications for declaring her husband as "Shaheed" upon which a SSP was appointed as Inquiry Officer who also held the husband of the petitioner as "Shaheed" and recommended his case for package # 3 for the welfare of his family. Thereafter the petitioner submitted all the required documents to the concerned quarters. On 29.01.2018 respondent No.2 sent a report to respondent No.1 clearly mentioning that the husband of the petitioner was a "Shaheed" but the Additional Inspector General of Police, Finance & Welfare Punjab, Lahore vide impugned letter awarded the compensation to the tune of Rs.6 lac and not declared the husband of the petitioner as "Shaheed", hence this petition.
3. Arguments heard. File perused.
4. A perusal of the file reveals that Muhammad Shafiq served the department for 11 years and 01 month who died on 11.02.2017 due to an incident took place near Bhaiwala Graveyard, Jhumra Road, Faisalabad and as per the report of Punjab Emergency Service (Rescue 1122), Faisalabad. dated 04.04.2017 it was a road traffic accident on 11.02.2017 in which said Muhammad Shafiq expired and Muhammad Ali son of Nasrullah was injured. As per the detail, a dumper bearing registration No.FDJ-2886 was coming towards Dry Port which hit said Muhammad Shafiq, Traffic Warden-367. FIR No.182/2017, dated 11.02.2017, under sections 302, 337-G, 279 PPC was registered at Police Station Millat Town, Faisalabad. According to the postmortem report, the deceased sustained as many as 11 injuries, including lacerated wound 3 cm x 1 cm below chin and abraded area 26 cm x 7 cm on right side of face and right side of neck (facial bones fractured), abrasion 2cm x 2 cm on right eye brow outer part (skull bones fractured frontal side), hence ribs were also fractured as a result of which he died on the spot. The incident report dated 11.02.2017 shows that dumper driver managed to escape from the scene. As per the death certificate Muhammad Shafiq died an unnatural death. Vide letter dated 24.04.2017, driving license No.247336/LHR/82 in the name of Muhammad Sharif, alleged driver of the dumper , was found bogus/fake for which FIR No.821/2017, dated 12.07.2017, under sections 420, 468, 471 PPC was registered at Police Station Millat Town, Faisalabad.
Muhammad Shafiq was survived by his widow Fardous Shafiq, daughters Kiran Shahzadi, Zunaira Jabeen, Hira Shahzadi and sons Muhammad Ahad Shafiq and Muhammad Fahad Shafiq. A succession certificate was also issued in their names. The widow of Muhammad Shafiq namely Fardous Shafiq/petitioner filed an application before the Inspector General of Police Punjab, Lahore dated 08.03.2017 to declare her late husband as "Shaheed".
On 19.04.2017, the Chief Traffic Officer, Faisalabad recommended that since Muhammad Shafiq had died in the line of duty in best department interest, therefore, be declared as "Shaheed". The City Poice Officer, Faisalabad vide his letter dated 26.01.2018 also recommended that Muhammad Shafiq should be declared as "Shaheed". A report was prepared by the Senior Superintendent of Police, Investigation, Faisalabad/Inquiry Officer who also recommended for his declaration as "Shaheed" since he embraced death while performing his official duties actively on the fateful date and time and was intentionally hit by the driver Muhammad Sharif with his dumper . The Regional Police Officer, Faisalabad vide his letter dated 29.01.2018 had also recommended to declare him as "Shaheed", therefore, was entitled to the grant of compensation under Notification No.7641/W -III, dated 30.05.2015. However , surprisingly on 20.07.2018, the Additional Inspector General of Police, Finance & Welfare Punjab, Lahore, on the basis of meeting dated 28.05.2018 did not declare him as "Shaheed" and had stated that he met with an accidental death and only six lacs rupees were recommended under Rule 14(F) of Punjab Police Welfare Fund Rules, 2016. In the meeting dated 28.05.2018 no reasons whatsoever were given to disagree with the inquiry report so far conducted recommending declaration of Muhammad Shafiq as "Shaheed".
5. Under Notification No.7641/W -III, dated 30.05.2015, the officer/of ficial killed in encounters, including bomb blast, riots, watch and ward duties but not death caused in accident shall be awarded Rs.20,00,000/- as compensation.
Admittedly , Muhammad Shafiq had died during the watch and ward duties in an accident which was reported under section 302 PPC, therefore, it was not an accidental death and in my humble view, he is entitled to be declared as "Shaheed".
6. In view of the above discussion, this writ petition is allowed and Muhammad Shafiq, husband of the petitioner is declared as "Shaheed" with all consequential benefits.