2016 PLP 138 (YLRN)

Art. 199

Constitutional petition

Maintainability

Prayer for reconstruction of Police Station

Scope

Police Station was affected during earthquake and same was shifted to another place

Prayer of petitioners (advocates) was that said Police Station should be reconstructed at the place from where it was got shifted

Validity

Selection of site for establishment of Police Station at a particular place would fall within the prerogative of Provincial Government

High Court could interfere only in cases of violation of law/rules

Forum provided for settlement of such issue would be local government/local councils

Petitioners should take up the matter at local level with their elected representative who could devise ways and means to settle the issue to the satisfaction of all concerned

Constitutional petition was disposed of accordingly. [Paras. 5, 6 and 7 of the judgment] JUDGMENT QALANDAR ALI KHAN, J.

Lt. Col. (Retd.) Abdul Quddus, Advocate, resident of Baffa, District Mansehra, along with 9 other Advocates of Baffa City have invoked the writ jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for a declaration to the effect that the respondents should reconstruct Police Station Baffa inside the Municipal limits of Baffa City and de-notify the notification under Section 4 of the Land Acquisition Act, 1894.

2. In their writ petition, the petitioners averred that they were residents of Baffa Town, District Mansehra, which was one of the densely populated areas having more than 50 thousand population and historical importance, where Municipal Committee was established in the year 1872 being District Head Quarter of Pakhal Sarkar. Before independence, Police Station Shinkiari was established and Tehsil Head Quarter was shifted to Mansehra, but after independence, initially Police Post of Shinkiari Police Station was established, which was up-graded to Police Station in the year 1980 for security of the inhabitants of the area; but the Police station was badly affected during 2005 Earthquake. The respondents, instead of reconstruction of Police Station Baffa on the existing site shifted the same to police post on main KKH at a distance of 06 Kilometers from the town, in Moza Banda Peeran near village Dhodial. On getting knowledge of the proposed shifting of the Police Station from Municipal Limits of Baffa City, the petitioners approached Secretary, Home and Tribal Affairs, Government of Khyber Pukhtunkhwa (respondent No.2), but to no avail. The petitioners complained about lack of security and increase of crime rate due to shifting of the Police Station, while the police was stated to be concerned only about their own security instead of security of residents of the area. The petitioners maintained that KKH was connected with Municipal limits of the City by one main bridge at Siran River which was not accessible in high flood.

3. In their comments, respondents Nos.2, 3, 4, 5 and 6 pointed out that before its up-gradation to the status of P.S in the year 1980, there was a Police Post of P.S Shinkiari for inhabitants of Baffa, which was damaged in earthquake of 2005 and due to inadequacy of premises of P.S Baffa, its shifting to the building of Police Post Baffa located on main KKH road was proposed, regarding which notification under section 4 of Land Acquisition Act 1894 was issued. It was also pointed out that the proposed site was suitable for establishment of P.S. The respondents further pointed out that on the application of the petitioners the matter was reconsidered at the appropriate level but even after reconsideration the same site was found suitable for security purposes and providing protection to the inhabitants of the area.

4. Arguments of the petitioners and learned Additional Advocate General heard, and record perused.

5. Apart from the fact that nothing has been brought on the record to indicate increase in the crime rate, as alleged by the petitioners, after shifting of the P.S from its erstwhile place to the Police Post situated on main KKH, the petitioners were also unable to show the law/rules laying down a criteria for establishment of Police Station at a particular place. Therefore, the selection of site for establishment of a Police Station at a particular place within the limits of the Police Station would fall within the prerogative of the Provincial Government. The petitioners also could not show that Banda Peeran where the proposed site is located falls out side the limits of Police Station Baffa. Needless to say that security of the area and protection of the inhabitants is invariably the prime considerations for establishment of a Police Station, which the respondents claimed to have been kept in mind at the time of selection of the site for establishment of the Police Station.

6. Having said that, the High Court can and should intervene only in case of violation of law/rules, whereas the matter brought before the Court in its writ jurisdiction appears to be more administrative than legal or constitutional. After establishment of local Governments/Local Councils, there, indeed, is a forum provided for settlement of such like issues, which concern the daily life and requirements/needs of the local inhabitants. The Local Governments/local councils comprise elected representatives of the people who are in a better position to resolve such like issues at the local level to the satisfaction of all concerned. Therefore, the petitioners would be well advised to take up the matter at the local level with their elected representatives who can devise ways and means to settle the issue to the satisfaction of all concerned.

7. The writ petition is accordingly disposed of in the above terms. ZC/109/P Order accordingly.