April 07, 2007	Saturday	Rabi-ul-Awwal 18, 1428

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LAHORE, April 6: The Punjab government is yet to initiate implementation of a Lahore High Court decision which, on Dec 20 last year, set certain standards for smooth traffic operation and for ensuring safety of the people commuting by buses, besides recommending steps to minimise hazards to life in Lahore.

Justice Syed Zahid Husain made certain valuable observations in this regard, recommending certain measures in this regard to the provincial and the city district governments on the basis of the deliberations of a committee which had the representation of departments of transport, health, communications and works, besides fire-brigade and the CDG, whose officers assured the LHC at a meeting held on Dec 12, 2006, that they would ensure the implementation of the policy and safety standards as set by the high court.

The decision was given in a writ petition filed by a law firm, Mohammad and Ahmad, after 21 passengers were burnt alive near Ghaziabad on Dec 11, 2005, when a bus carrying a wedding party of about 50 people caught fire as a huge amount of crackers and other fire works loaded in it went off accidentally. The petitioners pleaded the accident took place owing to government officials’ negligence, and they should be penalised for dereliction of duty.

The law firm sent a letter to Chief Justice Iftikhar Mohammad Chaudhry who, by using his suo moto powers, turned it into a petition sending it to the LHC for hearing.

The LHC served notices on the ministries of Pakistan Railways, the Punjab government and its transport, health and communication departments, and the CDG. They, accordingly, submitted their replies.

The petitioner, represented by advocate Mohammad Azhar, stated that the bus was not roadworthy as it was old and had only one exit gate, which was illegal. It was submitted that the transport department was under a legal obligation to inspect every bus before issuing a fitness certificate, which it did not. Another point was that the bus was allowed to carry hazardous material in violation of rules.

The petitioner also stated because of closure of Mughalpura railway crossing, rescue services could not reach the place of accident. It also pointed out that the firefighting unit reached the spot after a considerable delay and it was ill-equipped to meet the emergency.

During the course of proceedings, the LHC constituted a committee, headed by deputy attorney general Dr Danishwar Malik, which submitted its final report on Dec 16, last year.

The committee made certain recommendations, most of which were included by the LHC in its final verdict. The court ordered that gaseous glasses should be used in buses as windowpanes fitted in steel frames to help check fatal accidents and foam and not water be used to extinguish fire because water was not effective to put out fire caused by the sulphur content in fireworks material. The law should be so amended as to regulate the manufacture and sale of firecrackers, the court ordered. The government should also fix ratio of chemicals used in fire works material and local nazims and not police be used to locate premises where fireworks were manufactured and stored, it added.

Besides, the LHC observed that every government functionary should perform his or her duty to ensure that tragedies like the bus fire should not take place or be minimised.

The LHC also observed that traffic arrangements should be made to ensure smooth operations of emergency service vehicles and ambulances, which were often hindered by general mess on the city roads as well as by the VVIPs’ movement.

The court observed that the traffic police should have clear instructions to allow a smooth passage to ambulances and emergency service vehicles. The LHC directed the government to resolve the growing traffic problems by widening roads, constructing underpasses, overhead bridges and flyovers and removing encroachments.

The LHC also recommended to the government to earmark a fire-brigade station for every residential colony, and the private housing sector must also be instructed accordingly. As for the manufacture and sale of fireworks, the LHC directed the government to bring the business under a regulatory regime.

Though the court appreciated Punjab government’s legislative and administrative measures taken to deal with emergency situation including promulgation of the Disaster Management Ordinance, The Punjab Emergency Services Act and the establishment of the Emergency Service (Rescue 1122), all in 2006, it observed: “But when it comes to the value of the human life, it requires much more to be done”.

The petitioner said the decision was sent to the chief minister and 14 other highly-placed officers and administrative agencies in February this year, seeking its implementation, but it was yet to receive response from any of them.