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Suo Motu Case No. 1 of 2014, decided on 8th November, 2014.

----Art. 71---Fatal road accident---Suo Motu jurisdiction of Chief Court, exercise of---Fatal road accident took place, whereby a bus owned by a private Girls College, met an accident and ten precious lives were lost including that of driver and Administrator of the said college---Chief Court, in exercise of its powers under Art.71(2) of Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, took the notice of the matter---In response to the court notice, concerned Officers appeared and filed their comments and detail reports on the incident---Said officers stated that as a result of their day and night efforts, as per direction of the court, they succeeded to recover the dead bodies, except one which would be recovered with the help of locals and army personnel---President of District Bar Association, submitted that legal heirs of the deceased, from their own resources approximately spent three lac of rupees for the recovery of dead bodies, which they paid to the rock rafters, helpers, divers---Further proceedings in the matter were closed, in compliance with the order of the chief court---District Administration was directed by the chief court to bear the expenditure amounting to rupees three lac incurred during the recovery of the dead bodies by each legal heir of the deceased, which they paid to the rock rafters, helpers and divers and to establish fully equipped rescue and trained staff for rescue in such like incidents---Incharge Traffic Police and Licensing Authority were directed to carry out verification of valid driving licence of the drivers employed with Public Transport Vehicles, as well as school and college, vehicles---Private school owners were directed not to employee any person as driver having less than five years experience for plying buses, Coaches and Vans, holding the licence of HTV (Heavy Transport Vehicle) in future---Owners of private schools and colleges were ordered to get their buses, coaches, vans insured from recognized Insurance company---Public Works Department was directed to remove sharp cuts and widen the road, and install safety guards where necessary, especially the place where the fateful accident occurred---Water and Power Department was directed, not to use roads for installment of electric polls, and water channels etc., without prior written permission from the department concerned and landowners---Excise and Taxation Officers were directed to carry out the fitness of the school buses, coaches, vans, as well as public transport on monthly basis, and report submitted to concerned Deputy Commissioner with the intimation to the court---Principal/Administration of the concerned College, was directed to furnish detail of their vehicles with certified copies of CNIC and driving licences of drivers to the Deputy Commissioner of the Area within 10 days under intimation to Chief Court---Office of Chief Court was directed to circulate the copy of present order to the concerned quarters for compliance. Mir Muhammad, Additional Advocate General. Malik Muhammad Afsar Khan, Commissioner Baltistan Division. Abid Ali, Deputy Commissioner, Skardu District. Faryad Khan, Chief Engineer and Ghulam Rasool, Superintending Engineer PWD, Baltistan Division along with Sardar Alam, Executive Engineer Building and Roads PWD Skardu District. Muhammad Ali, Chief Engineer along with Muhammad Musa, Superintending Engineer Water and Power, Baltistan Division. Akhond Muhammad Ali, President District Bar Association Skardu.

The cognizance was taken in this matter on publication of a news item in daily K-2 regarding the fateful incident happened near Kamango village Sub Division Kharmang District Skardu whereby a bus owned by a private women college "Al-Zahra College" met an accident while travelling from Skardu to Kharmang fell in the river Indus and lost ten precious lives including driver and Administrator of the said College. The sad and heart touching episode reported in the press on 5th of October, 2014 and this court in exercise of power under Article 71 sub-clause 2 of Gilgit-Baltistan (Empowerment and Self Governance) Order 2009, taken up the matter on judicial side, on the office report. After taking the matter on judicial side the named above officers appeared in response of the court notice and put their attendance they all filed their comments and detail reports on the subject of incident. Furthermore the above named officers present in court stated at bar that as a result of their day and night efforts as per direction of this court they succeeded to recover the dead bodies except one, they further assured that they will recover the left dead body with the help of locals, army personel quite vigilant in this regard. Akhond Muhammad Ali Advocate submitted that the legal heirs of the deceased from there own resources approximately spent three lac (Rs.3,00,000) to the recovery of dead bodies which they paid to the rock rafters, helpers and divers hired from Kohistan. Further requested to issue directives to the Provincial Government for payment of the above said amount as they are belonging to poor families. Keeping in view the position explained above in compliance of order of this court, further proceeding in the matter is closed with the following directions:-- (i) The District Administration Skardu is directed to bear the expenditure amounting to rupees three lac incurred during the recovery of the dead bodies by each legal heir of the deceased which they paid to the rock rafters, helpers and divers. (ii) The District Administration is directed to establish fully equipped rescue and trained staff for rescue in such like incidents. (iii) The in-charge Traffic Police and SP Licensing Authority is directed to carry out the verification of valid driving license of the drivers employed with public transport vehicles as well as school and college(s) vehicles. (iv) The private school owners are directed not to employee any person(s) as driver having less than five years experience for plying buses coaches and Vans holding the license of HTV (Heavy Transport Vehicle) in future. (v) The owners of private school and colleges are directed to insure their buses/coaches/Vans from recognized insurance companies. (vi) PWD authority is directed to remove sharp cuts and widening the road and install safety guards where necessary especially the place where the fateful accident occurred. (vii) Authorities of Water and Power department are directed not to use the roads for installment of electric polls and water channels etc without prior written permission from the department concerned and land owners. (viii) Excise and Taxation officers are directed to carry out the fitness of the school buses/Coaches/Vans as well as public transport on monthly basis and report be submitted to concerned Deputy Commissioners with the intimation to this court. (ix) Principal/Administration of Al-Zahra College is directed to furnish detail of their vehicles with certified copies of CNIC and driving licenses of drivers to the Deputy Commissioner Skardu within 10 days after receiving the copy of this order with the intimation of this Court. The office is directed to circulate the order to the concerned quarters for compliance. File. HBT/71/GB Order accordingly.

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