March 18, 2006	Saturday	Safar 17, 1427

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LAHORE, March 17: A Supreme Court full bench on Friday held the Punjab government responsible for the deaths caused by throat slit due to razor-sharp twine during the period the ban on kite flying was relaxed.

Comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khalilur Rehman Ramday, Justice Faqir Muhammad Khokhar, Justice Raja Fayyaz Ahmad and Justice Chaudhry Ijaz Ahmad, the bench directed the provincial government to pay ‘diyat’ (blood money) to the families of those killed during the days kite flying was allowed. The court, however, observed that the government was not required to pay ‘diyat’ to the families of the children who died after falling from rooftops while flying or catching kites. In such cases, it added, the parents and not the government was responsible.

According to the law, blood money is calculated at the price of 30,630 grams of silver and the federal government is obliged to notify on July 1 every year the price of silver.

The court also ordered a complete ban on flying, manufacturing, storage and the trade of kite and twine with the direction to the provincial government that the ban should be implemented in letter and spirit. It observed that the inspector-general of police, DIGs and district and town nazims would be held responsible in case of the violation of the restriction. It will take up the matter again on May 26.

The SC also issued a notice to the provincial government on a number of writ petitions moved in the court’s original jurisdiction by certain kite flying associations and manufacturers of kite and twine. The petitioners challenged the ban as well as the vires of the Punjab Kite Flying Ordinance through advocate Malik Mohammad Qayyum, also the president of the SCBA. Amicus curie barrister Shahid Hamid submitted a report in the court according to which as many as 38 people were killed during the period of relaxation of ban between Feb 13 and March 15. Almost all of them, he submitted, were killed in Lahore by twine or by falling from rooftops. Besides, the kite flying caused an increase of 1,187-fold in power trippings which resulted in colossal damage to home electricity and electronic appliances.

The court observed that all the loss was the result of the negligence of the provincial government and its agencies which clearly failed in introducing sufficient safeguards and protective measures. Besides, the police and other agencies failed in regulating the sport and implementing the apex court instructions during the days kite flying was allowed. This was a highly irresponsible behaviour, the court observed. The court also made it clear that it was not the Supreme Court but the government which allowed kite flying by suspending the operation of the Punjab Kite Flying Ordinance.

It observed that the impression that kite flying was allowed by the apex court was wrong. The court also observed that by promulgating an ordinance to ban kite flying, the provincial government had assumed the responsibility of regulating the sport and safeguarding the life and property of the citizens. It was the relaxation in the ban by suspending the operation of the law that caused the deaths. “We wonder if the Punjab government had promulgated the ordinance to give a licence to kill”, the court further observed. The apex court rejected a report submitted by advocate-general Aftab Iqbal Chaudhry stating that the government had itself withdrawn the concession and re-imposed the ban on kite flying and the related business. He submitted that thousands of criminal cases were registered against those responsible for the killings. The court asked the AG if his report included the measures aimed at making the game safe. The court also showed its dissatisfaction over the failure of the provincial government in calculating the ‘diyat’ which was required to be paid to the families of the string victims.

Counsel Malik Mohammad Qayyum submitted that the government and its agencies were responsible for deaths owing to the ‘killer’ sport. It was all the more deplorable that 99.9 per cent killings had taken place in Lahore alone which should have been safer than other cities being the provincial capital. He submitted that the number of casualties would have been negligible had the provincial government earmarked an open space around the city during the relaxation period.

On a court question, the counsel submitted that the game be brought under certain regulations so that methods were evolved to allow it under a legal discipline without causing any harm to life and property.

Barrister Aitzaz Ahsan, appearing for the first time on a court call for assistance, opposed an outright ban, submitting that kite flying provided cheap recreation to the game lovers mostly coming from the poor strata of the society who should not be deprived of an activity which also had a cultural tradition.

He submitted that banning an activity was no answer. The solution was that a code of ethics be evolved in consultation with manufacturers. He submitted that kite flying was not a dangerous game till ‘night basant’ was introduced a few years ago to vulgarise the cultural event. He submitted that the provincial government had been keeping a criminal indifference to the impropriety of firing and other immodest events of ‘night basant’ which were otherwise an offence. Appearing on behalf of advocate M D Tahir, Dr Farooq Hasan submitted that kite flying was a dangerous sport which must be placed under a permanent ban.