RIZWAN ELLAHI vs PROVINCE OF PUNJAB through Chief Secretary Punjab, Lahore art

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RIZWAN ELLAHI VS PROVINCE OF PUNJAB through Chief Secretary Punjab, Lahore art. 9---Term "life"---Connotation---Term 'life' used in art. 9 of the Constitution cannot be restricted to mere existence of a living person rather is stretched to all and every aspect of quality of human life---Word 'life' is not defined in the Constitution, thus cannot be given a restricted meaning rather is of wider import---Provision of art. 9 of the Constitution bespeaks that an individual is entitled to enjoy pleasures of life by having access to natural and ecological beauty of places like Murree Hills, needless to mention, within a defined sphere of law---Right to live a life is not required to be established through customary protracted litigation, since it has been guaranteed under art. 9 of the Constitution explicitly and unrestrictedly---Such right is to be enforced vigorously even through a constitutional petition, once the agitated grievance is found to have reasonable substance in it. Citation Name: 2024 PLD 379 LAHORE-HIGH-COURT-LAHORE RIZWAN ELLAHI VS PROVINCE OF PUNJAB through Chief Secretary Punjab, Lahore art. 199---Constitutional petition---alternate and efficacious remedy---Scope---In order to oust a litigant from Court to seek remedy under art. 199 of the Constitution, respondents must satisfy that alternate remedy to seek justice is not only effective but expeditious as well---To hold a person disentitled from seeking relief under art. 199 of the Constitution, alternate remedy must be convenient, beneficial and effective---If alternate remedy, upon evaluation, is found to be less effective, time consuming and calls for invoking jurisdiction of multiple Courts/forums, then High Courts are all competent to exercise jurisdiction within the framework of art. 199 of the Constitution. Citation Name: 2024 PLD 379 LAHORE-HIGH-COURT-LAHORE RIZWAN ELLAHI VS PROVINCE OF PUNJAB through Chief Secretary Punjab, Lahore art. 199 (1)(c)---Constitutional petition---Enforcement of Fundamental Rights---Scope---High Court is well equipped with powers to issue direction for enforcement of Fundamental Rights of the subjects, guaranteed under Chapter 1 of Part-II of the Constitution. Citation Name: 2024 PLD 379 LAHORE-HIGH-COURT-LAHORE RIZWAN ELLAHI VS PROVINCE OF PUNJAB through Chief Secretary Punjab, Lahore art. 199---Constitutional petition---Pro bono publico litigation---Principle---Bona fide of a pro bono publico litigant is to be adjudged on the touchstone of his status as an aggrieved person and secondly on the ground that he is petitioning in the interest of general public---It is further incumbent upon litigating person to demonstrate that if agitated grievance is not immediately addressed, it is destined to adversely affect the society as a whole. Citation Name: 2024 PLD 379 LAHORE-HIGH-COURT-LAHORE RIZWAN ELLAHI VS PROVINCE OF PUNJAB through Chief Secretary Punjab, Lahore S. 15---Notification No.149-2017/186/Admin-I dated 22-06-2017 and Notification No. SOFT (EXT)XII-2/2009 dated 15-09-2009, issued by Government of Punjab---Fundamental rights---Enforcement---Mal governance---Natural disaster---Loss of human lives---Provincial Disaster Management Authority (PDMA), role of---Petitioners approached High Court to initiate actions against officials responsible for loss of lives of 22-tourists, who got stuck in a blizzard in Murree after remaining stranded in their vehicles for whole night---Validity---Legislative object of National Disaster Management Act, 2010, could best be achieved through proper coordination of the offices mentioned in schedule to Notification No.149-2017/186/Admin-I dated 22-06-2017, issued by Government of Punjab---Record showed that though role of PDMA in disaster management was nothing less than a protagonist but it badly failed to cope with the situation---Metrological Department issued forecast of heavy snowfall and not about the blizzard---Even forecast of heavy snowfall was not properly transmitted to concerned Departments either by Metrological Department or by PDMA---Event which led to loss of 22-lives did not give rise to any criminal aspect, thus registration of case was not warranted---Government of Punjab could not be absolved from its responsibility and mishandling of affairs in the region by various departments which could be described as one of the causes behind the tragedy---Provincial Government shall enhance compensation amount to the families of every victim---Provincial Disarter Management Authority should devise proper plan for achieving object of National Disaster Management Act, 2010, by making plans of disaster management in areas vulnerable to calamities, and organize specialized training programs for officials, voluntary rescue workers and members of communities---Representatives of Metrological Department should be included in the structure of District Disaster Management Authority

RIZWAN ELLAHI vs PROVINCE OF PUNJAB through Chief Secretary Punjab, Lahore art — 2024 PLD 379 LAHORE-HIGH-COURT-LAHORE

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