PRIME MINISTER INSPECTION TEAM NATIONAL HIGHWAY AUTHORITYs vs ZAHEER MIRZA and others

ORDER

1. ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---After hearing the parties and their counsel, whose attendance has been marked hereinabove, it is ordered as under:--

(1) Operation of the impugned judgment dated 29-5-2009 passed by the High Court is suspended.

2. 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) Sardar 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.

3. (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.

4. ' Adjourned to a date after six weeks subject to availability of the Bench at Karachi.