2005 PLP 1486 (CLC)

The petitioner seeks the issuance of a direction to the respondents for the non-performance of their duties, taking action against manufacturers, sellers of substandard stoves/Chullas, causing death through explosion of kerosene oil Chullas and for registration of cases against these persons who are supplying to the public the sub-standard stoves etc.

2. Comments from respondents were called for which have been received from respondents Nos. 1 and 3 and perused wherein, respondent No.3 has alleged that Pakistan Standards and Quality Control Authority is a body Corporate under the Ministry of Science and Technology which was established through P.S.Q.C.A. Act, 1996 to provide for standardization and quality control services. The Government of Pakistan from time to time had been issuing notification to bring certain items under Compulsory "Certification Marks" Scheme for issuance of manufacturing licences and these licences are issued only after ascertaining that proper quality control facilities are available with the manufacturers. The primary responsibility for quality control is of the manufacturers and PSQCA monitors the quality by periodic check-up and collection of samples from manufacturers. Further stated that the Mild Steel Oil Pressure Utility Stoves, Oil Pressure Stoves Brass type and non-Pressure Oil Stoves were brought under Compulsory Certification Marks Scheme of the P.S.I. under S.R.O. Nos.223(I)/76 of 8th March, 1964 and 818(I)/82 of 29th August, 1982 and putting on sale, keeping in stock and manufacturing was prohibited w.e.f. 31st May, 1976 and 1st November, 1982 against Mild Steel Oil Pressure Utility Stoves and non-Pressure Stoves. Further stated that the manufacturing of Oil Pressure Utility Stoves is a non-orgnaized home cottage introduction of now but efficient heating devices with L.P. Gas in cans of different capacity, electrical/sui gas room heaters in the market has virtually phased out the oil pressure utility stoves out of the market and the regular manufacturers of non-pressure oil stoves manufacturers, for example, once numbering 26 in Lahore only in the year 1990-1996 have now been reduced to 1-2 manufacturers in Lahore.

3. It has been specifically stated in paragraph No.7 of the comments filed by respondent No.3 that actions taken in this regard for maintenance of quality are sincere by the Government and in this respect a statement showing the action taken during past years has been placed on record which shows that in the year 2001 six cases were registered and in 2002, 2003 and 2004, three, eight and seven cases were registered respectively and after investigation some of the cases were sent to Court for trial which are under progress and some are still under investigation. From this statement, it is established that Government is vigilant about the activities of those persons who prepared and supplied to the market the stoves/Chullas manufactured with substandard material.

4. Learned D.A.-G. has also stated that the said delinquent persons are under observation by the Government.

5. In view of the above discussion it is established that both Provincial and Federal Governments are not silent and proceeding in accordance with law against delinquent persons. Moreover, after minute scrutiny of the parawise comments and the record it transpired that the business of manufacturing and selling of oil stoves/Chullas is decreasing in the country. It is also evident that people in general are loosing the trend of purchasing the said stoves as is established from record that out of 26 manufacturers in the Lahore only 2/3 are now in the market.

6. For the foregoing reasons, the respondents Nos.1 to 4 are directed to continue their efforts in eradicating the substandard manufactured stoves/Chullas to save the lives of innocent people and Federal Government will also keep a strict eye on such activities and make more effort to stop the manufacturing and selling of a such substandard oil stoves by the concerned businessmen.

7. The instant writ petition is disposed of accordingly. H.B.T./M-1095/L Order accordingly. ***