2011 SCMR 371 (PLP)
PRIME MINISTER INSPECTION TEAM NATIONAL HIGHWAY AUTHORITY — Appellants Versus ZAHEER MIRZA and others — Respondents
| Citation | 2011 SCMR 371 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Khilji Arif Hussain and Khalil-ur-Rehman Ramday, JJ |
| Parties | PRIME MINISTER INSPECTION TEAM NATIONAL HIGHWAY AUTHORITY — Appellants Versus ZAHEER MIRZA and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2011 SCMR 371 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 371 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Khilji Arif Hussain and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 371 (PLP) (PRIME MINISTER INSPECTION TEAM NATIONAL HIGHWAY AUTHORITY — Appellants Versus ZAHEER MIRZA and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Umar Hayat Sandhu, D.A.-G., Nadeem Azhar Siddiqui, Advocate Supreme Court, A.S.K. Ghouri, Advocate-on-Record and M.S. Ghouri, Advocate-on-Record for Appellants.
- Bilal A. Khawaja, Advocate Supreme Court, K.A Wahab, Advocate-on-Record with Zaheer Mirza and Khalid Mirza for Respondent No. 1.
- Nasir Maqsood, Advocate Supreme Court with L.Rs. of deceased.
Headnotes / Summary
(On appeal from the judgment dated 29-5-2009 passed by the High Court of Sindh, Karachi in C.P. No. D-620 of 2009 and others).
Art. I85
Collapse of Fly Over
Putting names on Exit Control List
After hearing the parties and their counsel, Supreme Court ordered to the effect that operation of impugned judgment passed by High Court was suspended; that name of the respondents would continue to be on Exit Control List; and Prosecutor General, if considered that name of any other person connected directly or indirectly with the collapse of Fly Over would recommend to the Secretary Interior for placing his name on Exit Control List; that Chairman National Highway Authority was directed to pay Rs.1.5 million each as interim compensation to the heirs of the deceased; that to safeguard the interest of the minors, the Prosecutor General was deputed to ensure deposit of all the sharers to the minors in the Scheduled Bank/National Savings Centre in profit bearing schemes with facility to the mother or father to receive monthly profit for their expenditures; that Prosecutor-General would work out the amount of compensation in respect of the shares of injured persons and said amount would be paid by the Chairman National Highway Authority within three days to them; that Chairman National Highway Authority was directed to co-operate with the Prosecutor General and supply him all the documents including inquiry report; that D.I.G., was directed to register case of incident and conduct investigation independently; that P.P.O./I. G. P. was directed to conduct inquiry against the officials/officers, responsible for not immediately registering the case at the time when incident had taken place; that said exercise would be completed within stipulated period and report would be submitted to the Registrar, Supreme Court and that Secretary Communications was directed to complete departmental proceedings against the officials/officers, responsible for the incident, in which the bridge was collapsed, as early as possible. Shahadat Awan, Prosecutor-General, Sindh on Court Call. Sharif Ahmed Khan, Secy. Communication, Altaf Ahmed, Chairman, NHA, Gen.(R) Farrukh, Ex. Chairman, NHA, Yousar Barakzai, Raja Nosherwan and Col. (R) Tahseen (absent) on Court Notice. Sardar Abdul Majeed, D.I.-G., West Zone, Karachi, Abdul Sattar, DPO, Site Karachi and Shaukat Khatian, SP, Investigation on Court Notice. Nasir Maqsood, Advocate Supreme Court with L.Rs. of deceased.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
After hearing the' parties and their counsel, whose attendance has been marked hereinabove, it is ordered as under: (i) Operation of the impugned judgment dated 29-5-2009 passed by the High Court is suspended. The names of the respondents shall continue to be on Exit Control List and Mr. Shahadat Awan, Prosecutor-General, Sindh, if considers that names of any other person/persons connected directly or indirectly with the collapse of Fly Over at Peracha Chowk, Northern By-Pass, Karachi, shall recommend to the Secretary Interior, Government of Pakistan for placing his/their names on ECL, pending decision of the cases before the competent forums till finalization of the matter. (ii) Incumbent Chairman, NHA is directed- to pay Rs.1.5 million each as interim compensation to the heirs of the deceased namely M/s Ali Muhammad son of Noor Muhammad, Fayyaz son of Faiz Muhammad, Moosa son of Arif, Rizwan Raza Raja son of Ghulam Ali, without prejudicing the claims, which they have already filed by instituting the suits before the High Court. However, result of the said suits would not make entitled to the NHA to effect recovery of the amount, which is being paid to the heirs. (iii) To safeguard the interest of the minors, the Prosecutor-General, Sindh is deputed to ensure deposit of all the shares to the minors in the scheduled Banks/National Savings Center in profit bearing schemes, with facility to the mother or father, whosoever may be, to receive monthly profit for their expenditures etc. However, the shares of the majors/adults shall be paid to them without depositing in the bank. The payment of the amount as noted hereinabove, shall be paid to the legal heirs of the deceased within three days through Prosecutor-General. (iv) The Prosecutor-General shall work out the amount of compensation in respect of the shares of injured persons, list of which has already been supplied to him and after negotiating and making calculation as per law, the said amount shall be paid by the Chairman, NHA within three days to them against valid receipts, which shall be attested by the Prosecutor-General, Sindh. This interim compensation shall not cause any prejudice to their cases, which they have already filed for effecting recovery of damages by instituting civil suits. However, ultimately on the basis of result of the suits, this amount shall not be refunded. (v) The Chairman NHA, is directed to cooperate with the Prosecutor-General and supply him all the documents including inquiry report. (vi) ardar Majeed, D.I.-G. appeared and stated that no case has been registered in respect of the incident wherein about six persons lost their lives and so many were injured and damage was also caused to their properties. He is directed to register the case and conduct investigation independently. (vii) PPO/IGP, Sindh is directed to conduct inquiry against the officials/officers responsible for not immediately registering the case at the time when the incident had taken place. He is directed to do so within a period of six weeks and submit report about the action taken by him. (viii) The above exercise shall be completed as it has been stipulated hereinabove and report shall be submitted by Mr. Shahadat Awan, P.G. Sindh to the Registrar for our perusal in Chambers. (ix) Mr. Muhammad Sharif Khan, Secretary Communication, Government of Pakistan is directed to complete departmental proceedings against the officers/officials responsible for the incident, in which the bridge was collapsed, as early as possible and intimate the result by sending fortnightly report. Adjourned to a date after six weeks subject to availability of the Bench at Karachi. H.B.T./P-1/SC Order accordingly.