2017 M L D 356
[Balochistan (Sibi Bench)]
Before Muhammad Ejaz Swati and Abdullah Baloch, JJ
BALOCHISTAN BUS OWNERS ASSOCIATION (Regd.) through President ---Petitioner
Versus
GOVERNMENT OF BALOCHISTAN HOME AND TRIBAL AFFAIRS through
Secretary and 4 others ---Respondents
Constitution Petition No.(s) 110 of 2015, decided on 2nd November, 2016.
Constitution of Pakistan ---
----Art.199---Constitutional petition ---Bus owners ---Law and order situation---Time table and
schedule of running of coaches ---Meeting of bus owners/petitioners and law enforcement
agencies was held wherein it was decided that the buses/coaches would run on convoys system
escorted by different security agencies ---Schedule and timing of convoy had been decided by the
participants of the m eeting ---Petitioners were reluctant to follow the decision taken by their
representatives with the authorities ---Nothing was on record to support the claim of petitioners
that authorities had issued any adverse order and prevented them from plying the coac hes/buses
after sunset ---Claim of petitioners being baseless and having no force, constitutional petition was
dismissed.
Abdul Jalil Lehri for Petitioner.
Naseer Ahmed Bangulzai, Additional Advocate General for Respondents.
Date of hearing: 7th October , 2016.
JUDGMENT
ABDULLAH BALOCH, J. ---In this petition, the petitioner has sought the following
relief: --
"It is, therefore, prayed that in consideration of above stated facts and circumstances of
the case, this Hon'ble Court may be pleased to allow the instant petition by issuing a writ
against the respondents with the directions to allow the transporters including members of
petitioner's association to ply their busses according to their respective time table and
route permits on day and night basis wit hout any obstruction or imposing any sort of
condition and further to direct the respondents to make all necessary security
arrangements for passengers of the respective routes.
With any other relief which this Hon'ble Court may find deemed fit and appropr iate in the
circumstances of the case may also be awarded with cost of the proceedings, in the
interest of justice and equity."
2. Facts of the case are that the petitioner is the President of Blochistan Bus Owners
Association (Registered) (hereinafter ref erred as "the association"). The association was
established for welfare of the buses owners, who are plying their buses from Balochistan to sister
provinces on day and night basis and according to the time table provided by the respondent
No.3 being a reg ulatory authority. It is averred in the petition that for the last about one year on
account of law and order situation the local administration is not allowing the buses of long
routes at night time rather stopped at Kolpur and Dera Murad Jamali and inste ad they are being
allowed only to travel during day time, hence in such behalf several meetings were held to
streamline the situation by providing necessary security etc., while the Association as well as the
bus owners have also extended their full cooper ation to the local administration. Hence, in this
behalf certain steps were taken by the local administration with the help of law enforcing
agencies and it was assured to the Association that as soon as the law and order situation is
normalized, the buses of night time will be allowed merely on the route of N -65 i.e. Quetta to
Sibi and onward routes to Sindh and Punjab provinces. However, in the recent past, the
respondent No.2 (D.I.G. Nasirabad Range) on account of so- called security reasons has started t o
stop the vehicles at Kolpur and Dera Murad Jamali after sunset and the buses are not being
allowed after sunset from Kolpur to onward and from Dera Murad Jamali to Quetta, due to
which the passengers are facing hardship and inconvenience as on the both points i.e. Kolpur and
Dera Murad Jamali, there is absolutely no proper arrangement for stopping of the buses and to
provide stay and accommodation to the passengers, resultantly the passengers spend their nights
in open sky without any facility of food, ac commodation etc. Hence, under such circumstances,
the respondent No.1 (Home & Tribal Affairs Department) was approached to intervene the
matter by allowing the transporters to ply their buses according to their time tables provided by
the respondent No.3, who is the regulatory authority of Transport, but without any positive
results. It also further averred in the petition that the Local Administration and law enforcing
agencies are under legal obligation to provide necessary security to the transporters of the
respective routes, particularly on main National Highway N -65 and to ensure the smooth and
safer traveling of buses, but the respondents have failed to perform their legal obligations to
provide proper security and they their own self -styled manner ha ve started stoppage of vehicles
at Kolpur and Dera Murad Jamali and in this manner the hardship and difficulties of the
passengers have further been enhanced, whereas the government is reluctant to take any positive
steps for redressing the grievances of t he petitioner.
3. On service of summons, the respondents have filed their para wise comments. The
respondents Nos. 2, 5 have refuted the claim of the petitioner and maintained that no vehicles are
being stopped in the area of Naseerabad Police Range jurisdiction rather due to law and order
situation protection is being provided to the buses by moving them in convoys/escorted by
Police/Levies Mobiles especially after and before sunset and as per direction of I.G. Police
Balochistan the vehicles are being escorted from the boundary of one district to another. The
respondent No.3 denied the issuance of time table and maintained that the same was issued by
the Secretary RTA Quetta in the year 1984 and the then Secretary RTA Sibi in the year 2006.
4. Learned coun sel for the petitioner stated that the petitioner is Balochistan Bus Owners
Association, plying their coaches day and night in accordance with the time table on the route N -
65 i.e. Quetta to Sibi, Nasirabad, Dera Murad Jamali and towards Sindh and Punjab P rovinces;
that the local administration due to tragic law and order situation is not allowing the petitioner to
ply their coaches after sunset and the buses are not being allowed after sunset from Kolpur to
onward and from Dera Murad Jamali to Quetta; that the respondents are reluctant to allow the
busses to ply after sunset and compelling the petitioner to run their buses in shape of convoys;
that the passengers have facing hardship and inconvenience because after the sunset in winter
and summer seasons there is no facilities are available at Kolpur and Dera Murad Jamali for the
passengers accommodation and food as a result whereof, passenger have to spent night in open
sky; that the petitioner not only extended its corporation to the local administration a nd the
respondents, but also approached Respondent No.1 to intervene in the matter and to allow the
owner of the bus to ply their vehicles accordingly to their respective permits and time table, but
unfortunately, no heed was paid. He further prayed that t he petitioner be allowed to ply their
coaches on their respective permit and time table.
5. Conversely learned Addl. A.G. appeared on behalf of the respondents strongly opposed
the argument so advanced by the learned counsel for the petitioner and stated t hat coaches have
been plied accordingly to their timetable, but for the security reasons the buses at night time are
moved in convoys system and being escorted by Police and Levies from one district to another
district for safe journey of the passengers. H e further contended that in this regard a meeting was
also held between the representative of the petitioner and the respondents and with their mutual
consent schedule and timing of buses at night time was decided, but the petitioner is deviating
from his commitment and want to ply their buses by their own choice which could not be
allowed due to security reasons.
6. We have heard the counsel for the parties and perused the record minutely. The record
reveals that the bus plying from Quetta via N -65 Bolan, Sibi and Nasirabad and toward Sindh
and Punjab Provinces have been issued different time tables. The record further reveals that due
to tragic law and order situation the busses have been taken from Kolpur to Dera Murad Jamali
at night time in shape of convoys and being escorted by Police, levies and FC. The record further
reveals that a meeting of buss owners association and respondent was held on 11th June 2015 at
02:30 P.M. in the office of respondent No.2 DIG Police Nasirabad Region, wherein it was
unanimously decided that the buses will run on convoys system and being escorted by the
different agencies and the first convoy from Jacobabad to Quetta will depart at 9.00 P.M., while
the second convoy from Jacobabad to Quetta will depart at 11:00 P.M., and t he third convoy
from Jacobabad to Quetta will depart at 01.00 a.m., while from Sibi to Jacobabad first convoy
will depart at 08:00 p.m., while second convoy from Sibi to Jacobabad will depart at 10:00 P.M..
Similarly, first convoy coming from Quetta will d epart from Sibi at 08:00 P.M. and reached
Nasirabad at 09:30 P.M., while the second convoy will depart at 10:00 P.M. and reached the
territory of Nasirabad at 11:30 P.M. It has further been transpired from the record that the
meeting under the chairmanship of Deputy Inspector General of Police Nasirabad Range was
held, wherein the schedule and timing of convoy was unanimously decided by the participants of
the meeting and as per aforesaid decision of the meeting the parties are bound to abide by the
agreement in letter and spirit, but on the contrary the petitioner are reluctant to follow the
decision taken by their representative with the respondents. There is nothing on the record to
support the claim of the petitioner that the respondents have issued any adverse order and
prevented the petitioner for plying the coaches after sunset, as such, the claim of the petitioner is
baseless and having no force. Even Otherwise there is complete schedule available on record for
plying the coaches at day and night time on convoy system being escorted by police, levies and
other agency for safety of the passengers, which is a policy matter, warrants no interference by
this Court in its constitution jurisdiction.
For the foregoing discussion hereinabove the petition being devoid of merit is dismissed,
with no order as to cast.
ZC/74/Bal Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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