MUHAMMAD MUNIR KHAN, J.-- The prominent coverage by all national Newspapers to incidents involving deaths of women especially daughters-in-law from blast of oil stoves and the protest lodged by different organisations of women in Pakistan, have posed two questions of pivotal importance, namely, whether these deaths were due to the defects in the oil stoves as a result of negligence on the part of manufactures or else these deaths were homicidal falling within the purview of Pakistan Penal Code. The whole episode though of persistent frequency had remained unobserved, unchecked and uncontrolled by the authorities concerned, so I fold persuaded to assume suo motu jurisdiction in order to find out actual back-ground of this episode and to lay down liability on individuals or institutions ultimately found to be responsible for the episode. During these suo motu proceedings, another jurisdictional question was posed, namely, whether in such like cases, the High Court could invoke and/or exercise suo motu powers of judicial review under its constitutional powers and authority under the Code of Criminal Procedure and Letters Patent (Lahore). I have probed into the genesis and basis of the authority of the High Court in matters relating to the public interest and have found out that it traces its origin to jurisdiction of widest amplitude enjoyed by the Court of Chancery in England, which being a court of conscience and Court of Equity, could delve into and decide any matter on the well celebrated principle known as "Justice, Equity and good conscience." In this view of historical perspective of the relevant provisions of the Constitution and provisions of inherent powers under section 561-A of the Code of Criminal Procedure, section 151 of the Code of Civil Procedure, Article 2-A of the Constitution of Islamic Republic of Pakistan, 1973, clause 22 of the Letters Patent (Lahore), J have reached conclusion that to secure the ends of justice and to protect the life, liberty, honour and property of the citizens, in cases of cruelty, atrbeities and high and edness and to save the people from deaths/injuries from stove bursts xxxxxxx, the High Court has vast authority to undertake suo motu assumption and/or exercise its jurisdiction in accordance with law. When such matters comes to its notice through news reports or otherwise, it does not need any formal application from individual or group of persons for directing preliminary investigation into these matters by an agency or the Investigating Officer other than the concerned one. As a result of the preliminary investigation, the High Court may pass appropriate order or grant any other consequential relief. A Judge of the High Court can exercise all the powers vested in the High Court at any time and at any palace within its territorial limits. In case of emergency the citizens apprehending danger to their lives, liberty and dignity and other fundamental rights guaranteed by the Constitution of Islamic Republic of Pakistan can present petitions at the residence of the Chief Justice of the High Court or in his absence at the residence of the Senior Puisne Judge at the Principal Seat and the Senior Judges on the Benches at Bahawalpur, Rawalpindi, and Multan at a place other than the High Court premises even at a mid night, to seek speedy and effective remedy. So it becomes clear that the High Court remains open all the times and its building or office is closed after Court hours or during the holidays.
2. The oil stoves accidents involving deaths of women spread out two facets of inquiry. Firstly, civil liability and secondly criminal liability under Pakistan Penal Code or under any other law for the time being enforced. In so far as the first facet is concerned, suffice it to say that such kind of deaths arising from negligent and faulty manufacture of oil stoves in any western Country would have made manufacturers, distributors and suppliers of such defective oil stoves liable to payment of compensation in millions of dollars to bereaved families and, as such, would have entailed their complete ruinage and wreckage. But unfortunately, no serious action was initiated against the manufacturers by the concerned quarters with the result that they consider themselves immune from accountability and from liability under the Law.
In so far as the criminal facet of the matter is concerned, it is needless to say that irrespective of the fact whether defects in manufacture of oil stoves are wilful or inadvertent, the manufacturers would incur criminal liability under different provisions of the Pakistan Penal Code in cases of deaths by burst of defective oil stoves manufactured by them without giving them due attention and care to the safety of the persons using the same. But neither the delinquents have been booked nor any effective measures have been taken to save the citizens from calamities. Under the judicial system in Islam and Islamic Rule of Law, if a lamb was eaten up at the bank of Dajla, by a wolf, Hazrat Umar (peape be upon him) would be fearful of his accountability before Allah bn the charge of his failure to protect the life of an animal living within the limits of his Government/State.
But in our Islamic Republic as we Claim ourselves to be, women in hundreds have died by stove bursts leaving behind thousand orphan children, but the negligent and criminal action of the manufacurers of oil stoves enjoys immunity because of inaction on the part of the authorities entrusted with the administration of law.
3. On the last date of hearing, I had directed the S.S.P. Lahore and S.P. Sheikhupura, to depute officers not below the rank of D.S.P, to hold preliminary investigation into the incidents of deaths of women by stove bursts reported in the Daily Nawa-i-Waqt, Lahore, on 23.2.1991. The D.S.Ps. So deputed were directed to record the statement of the husband/father/mother, as the case may be, of each deceased women and to take into possession the oil stoves and get the same examined by some Expert with regard to their quality and fitness. Today, D.S.P. Lahore, and D.S.P.
Sheikhupura, have appeared. They informed the Court that no criminal case was registered with regard to these deaths. They further stated that since the bursts oil stoves had already been destroyed, so they could not recover the same. My Impression is that they have acted callously and have taken this issue very lightly. I feel that when the State functionaries do not discharge their obligations towards the citizens or they are not prepared to realise their duties towards the Nation then the High Court must come to the rescue of the citizens by assuming suo motu jurisdiction.
4. It goes without saying that over and above decisions on routine matters like appeals, revisions and bail petitions etc., the High Court have other obligations under the Constitution and under the Law of the Land towards the citizens of Pakistan. Guided by this duty, I am issuing the following directions:-
(1) The Medical Superintendent of the Hospital where the victim of the oil stove is brought should immediately arrange recording of the statement of the victim by any doctor on duty. It often happens that by the time the police is informed and it reaches the Hospital to record the statement of the victim, the latter dies. Under the Law of Land, any person, official or private can record the statement of the victim/injured person and there is no legal restraint in this behalf.
(2) After recording the statement of the victim, the doctor will send a copy thereof to the S.H.O., Police Station concerned, or he may keep the statement with him and deliver it to the police on its arrival in the Hospital.
(3) In case the victim is incapable of making a statement then the doctor will immediately inform the S.H.O, concerned about the admission of the victim in the Hospital. The S.H.O./Police Officer on reaching the Hospital will record the statement of the close relatives of the victim present in the Hospital, if any. In case of a married women, he will record the statement of one of her parents and also the statement of one of her in-laws. If there are suspicions of death by culpable homicide, then the S.H.O, will record the F.I.R, under section 154 of the Code of Criminal Procedure otherwise he will enter report in the Rozenamcha and will hold inquiry under section 174 of the Code of Criminal Procedure. He will immediately take into possession the burst oil stove and will get it examined from the Expert with regard to its fitness and quality. If the stoves are found to be defective or unfit then the S.H.O, will register a case under section 304/304-A/336 of the PPC, as the case may be, against the manufacturers and distributors of the oil stoves and will investigate the case in accordance with law. He will sent the copy of the F.I.R, or Report immediately to the Ilaqa Magistrate.
(4) The Health Department/Incharge of the Hospital would provide free medical aid and attention to the victim of stoves blast just like cases of road an railway accidents. The Provincial Government/Commissioner/Deputy Commissioner or any person authorised in this behalf would arrange promt payment of the approximate expenses of funeral and burial to the parents/in-laws of the victim, as the case may be, before the funeral prayer. Many of the families cooking meals on oil stoves do not have cash ready to meet compulsory expenses of sudden demise.
(5) The Inspector General of Police, Punjab, Lahore, would consider the desirability of creating a special Cell to look after and prevent the frequent and persistent occurrence of oil stoves accidents which by now have consumed hundreds of lives of married and unmarried women while handling the defective oil stoves. He will ensure that no incident of death/injury by oil stove burst should go without fixing the' responsibility.
(6) The investigating Officer/Ilaqa magistrate will send a copy of the report/Rapt to the Department of Industry for suitable action against the manufacturers. The Ministry concerned will ensure that the Manufacturers are registered in accordance with law and all precaution are taken about the fitness and quality of the oil stoves and that oil stoves not manufactured by the registered Firm/Company are not sold in the Market.
5. With regard to the civil liability of the manufacturers under the Law of Negligence, it can be visualised that requirement of payment of ad-valorem Court-fee may act as a deterrent against filing of suit for damages against manufacturers of the defective oil stoves. There can be no two opinion that apprehension of suits for damages and possible decrees against the manufacturers make them fearful of their accountability before the Law. So it would be in the fitness of things that in order to encourage the people to file suits for damages against the manufacturers and other persons responsible for the accidents deaths, exemption Notification in exercise of powers under section 35 of the Court Fee Act 1870, is issued with regard to suits relating to damages for injuries/deaths caused by negligent manufacture of oil stoves or other instruments.
Generally, the relatives of the deceased do not desire post-mortem examination. Let it be made clear that in case of death by burst or by blast, the cause of death is very much obvious on the external examination. So the x x x x x police is not required to get the post-mortem of such bodies against the consent of the relatives of th deceased. However, in case of murder, the post-mortem on the dead body would be performed.
6. The issue of the death of women by oil stove blast really clamours for prompt action by the Provincial Government, Police, Health Department, District Administration and other concerned State functionaries. Let the copy of this judgment be sent to Home Secretary, Health Secretary of Government of the Punjab, Inspector General of Police, Punjab, Lahore, Industries Department, Government of the Punjab, Lahore, for immediate action and compliance under intimation to the Deputy Register (Judicial) of this Court.