2020 PLP 1216 (SCMR)
N/A
| Citation | 2020 PLP 1216 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Gulzar Ahmed, C.J. and Ijaz ul Ahsan, J |
| Parties | N/A |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2020 PLP 1216 (SCMR)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 1216 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed, C.J. and Ijaz ul Ahsan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 1216 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Habib-ur-Rehman Gillani, Secretary, Dost Muhammad Leghari, CEO/SR/GM, M. Liaqat Memon, Member Finance, Farrukh Tamur, Secy., Railway Board, M. Saleem Khan, Joint Director, Mazhar Ali Shah, D.G. (Planning), Zubair Shafi Ghori, AGM-I, Shoaib Adil, DS, Multan, Nisar Ahmed, AGM-I, Suffain Dogar, CPO/HQ, Sajjad Butt, ASC/D.G. (Legal), Syed Rifaqat Ali Shah, Advocate-on-Record, Khurram Shahzad, Legal Advisor and Imran Hayat, Dy. Legal Advisor for Ministry of Railways.
- Muhammad Qasim Mirjat, Advocate Supreme Court/Advocate-on-Record for Government of Sindh.
Headnotes / Summary
Art. 184(3)
Losses incurred by Pakistan Railways
Frequent accidents involving Railways
Observations recorded by the Supreme Court regarding the dismal state of affairs of the operation, infrastructure and safety measures adopted by Pakistan Railways. Overall Railways in Pakistan was not being operated in the way it should be operated; more so, in accordance with the Rules and Manuals of Railways, on account of which accidents were taking place frequently, in which precious lives were being lost and great damage to the Railways was caused. There seemed to be nothing in sight by which the operation of the Railways could be improved, as not only was the infrastructure of the Railways altogether bad and non-workable but also its employees were apparently not fit to operate the Railways. There needed to be serious thinking on the part of the Government regarding the operation of the Pakistan Railways and overhauling the Secretariat from top to bottom to ensure that the Railways operated safely. Supreme Court observed that the Court expected that such measures would be taken by the Government immediately to ensure that the Railways did not play with the lives of the people and its properties were not lost. Supreme Court directed that a report, in such regard, may be made available to the Court by the Government through the Planning Commission within one month. Case was adjourned. Ch. Aamir Rehman, Additional Attorney General for Federation of Pakistan. Habib-ur-Rehman Gillani, Secretary, Dost Muhammad Leghari, CEO/SR/GM, M. Liaqat Memon, Member Finance, Farrukh Tamur, Secy., Railway Board, M. Saleem Khan, Joint Director, Mazhar Ali Shah, D.G. (Planning), Zubair Shafi Ghori, AGM-I, Shoaib Adil, DS, Multan, Nisar Ahmed, AGM-I, Suffain Dogar, CPO/HQ, Sajjad Butt, ASC/D.G. (Legal), Syed Rifaqat Ali Shah, Advocate-on-Record, Khurram Shahzad, Legal Advisor and Imran Hayat, Dy. Legal Advisor for Ministry of Railways. Syed Waqar-ul-Hassan, Additional Secretary, Zohair Fazil, Chief (Transport and Communication) for Ministry of Planning, Development and Special Initiatives. Moeed Ali, D.G. (RA) and Kashif Farooq Ch., A.O. for Auditor General of Pakistan. Muhammad Qasim Mirjat, Advocate Supreme Court/Advocate-on-Record for Government of Sindh.
Judgment & Decree
A report has been submitted by the Secretary/Chairman, Ministry of Railways, Islamabad, wherein, reference has been made to the up-gradation of Railways through ML-I, under the China Pakistan Economic Corridor (CPEC) and also to the Karachi Circular Railway (KCR).
2. As regards ML-I, it is informed that PC-I is now pending with ECNIC for approval and as soon as the said approval is received, work will be started. We expect that ECNIC shall consider and have PC-I approved, as per rules within a period of one month.
3. As regards KCR, it has been stated that considerable work on the ground has been done and that there are bottlenecks because of a Nala near Urdu University and Green Line near Nazimabad. The Secretary Railways states that if the Government of Sindh takes immediate action and makes way for the Railways at these two bottlenecks, the remaining work of KCR will be completed and it will be made operational.
4. The Secretary Railways also states that there are railway crossings at which the Government of Sindh has undertaken to provide for construction of either overhead or underground roads/paths, so that there is no eventuality of any one crossing the railway line.
5. We direct the Chief Secretary, Government of Sindh to ensure that the above three items of work are expeditiously completed to enable KCR to run in Karachi. Let a report, in this regard, be submitted by the Chief Secretary, Government of Sindh within a period of two weeks. The Chief Secretary, Government of Sindh so also the Commissioner, Karachi shall be present on the next date of hearing.
6. We have noted that the overall Railways in Pakistan is not being operated in a way it should be operated; more so, in accordance with the Rules and Manuals of Railways, on account of which accidents are taking place frequently, in which precious lives are being lost and great damage to the Railways is caused. There seems to be nothing in sight by which the operation of the Railways in Pakistan could be improved, as not only is the infrastructure of the Railways altogether bad and non-workable but also its employees are apparently not fit to operate the Railways. There needs to be serious thinking on the part of the Government of Pakistan regarding the operation of the Pakistan Railways and overhauling the Secretariat from top to bottom to ensure that the Railways operate in Pakistan safely. We expect that such measures will be taken by the Government of Pakistan immediately to ensure that the Railways do not play with the lives of the people and its properties are not lost. A report, in this regard, may be made available to the Court by the Government of Pakistan through the Planning Commission within one month.
7. Adjourned. To be fixed after one month. MWA/C-14/SC Order accordingly.