2009 PLP 1130 (CLC)

MALIK SAEED EJAZ, J.

Precisely the case of the petitioner is that the area under Mouza Taraf Mubarak Awal, Civil Lines, City Multan had earlier been put in the negative list prepared after consultation of all the concerned departments, but through the impugned letter the N.O.C. was being issued for installation of C.N.G. station in the said area.

2. Report and parawise comments called for have been received, wherein, it is admitted that said area falls within the negative list and that no C.N.G. station could be installed in the said area, as having been declared sensitive, but the stance of the respondents is that since S.P., Multan had applied for installation of the C.N.G. station in question on behalf of the police department, as such they had applied for relaxation of the rules.

3. Heard, Record perused.

4. Once it is admitted that the area where new C.N.G. Station is being allowed to be installed by the respondent, has already been declared sensitive and placed in the negative list prepared for that purpose, applying for relaxation of the rules to .allow installation of C.N.G. Station although for police department, is an act of mala fide and amounts to sheer discrimination with the general public. Such discriminatory actions on any level cannot be allowed to flourish, by putting the precious lives of general public at stake. If no person from general public is allowed to install any C.N.G. Station in the said area on the ground of its sensitiveness, such permission cannot be granted to any one else, even though it may be a police department because by allowing the police department to install the proposed C.N.G, Station would by no means reduce the sensitiveness of the said area. It is noted with deep remorse and highest concern that for the last couple of years most unfortunately the law enforcing agencies have been made the target of victimization by the terrorists and such like situation, allowing the installation of proposed C.N.G. Station in the negative areas and that too under the control and supervision of the police, would in fact make its surroundings more sensitive. The Honourable Supreme Court of Pakistan in the case reported in 1999 SCMR 467 while deprecating such discriminatory actions, held that "Government is not supposed to discriminate between the citizen and State functionaries. Functionaries cannot be allowed to exercise discretion at their whims, sweet will or as they please rather than they are bound to act fairly, evenly and justly" while sitting in its jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 this Court is under a legal obligation to protect the fundamental human rights of all the citizens. In another celebrated judgment reported in PLD 1993 SC 341 the apex Court held that "Every administrative order based on discrimination is violative of human rights." This being a clear and admitted case of discrimination, respectfully following the above cited case law; I allow this writ petition and direct the respondent/D.C.O, Multan and all the relevant authorities under him, not to issue No Objection Certificate in favour of any one, for installation of the C.N.G. Station in the areas, which have already been declared sensitive and have also been placed in the negative list. H.B.T./H-14/L Petition allowed.