The Jammu & Kashmir and Ladakh High Court recently comprising of Chief Justice Tashi Rabstan and Justice Rajesh Sekhri, ordered the government to form a Committee of Experts (CoE) to determine the causes and submit an Action Taken Report (ATR) by or before the next date of hearing. This was done in response to the frequent road accidents that occur in the hilly areas of Chenab Valley. (Intakhab Ahmad Qazi Vs State & Ors)
Facts of the case
The public interest litigation was registered pursuant to a letter dated 17.12.2022 sent by Mr. Asif Iqbal Butt, Social Activist, R/o The Kahara, District Doda (Chenab Valley) drawing the court's attention towards the increasing cases of road accidents in the hilly terrain of Chenab Valley. The letter raised concerns about government agencies not taking adequate measures both long-term measures and short-term measures to prevent such unfortunate accidents.
Mr. S. S. Ahmed, learned counsel appraised the court that a PIL titled ‘Intakhab Ahmed Qazi, v. State and others’ raised the issue with regard to Mughal Road and he was assisting the court in the aforesaid PIL.
The learned Amicus contended that in a road mishap that occurred the following morning, three people are feared dead as an ill-fated vehicle (Car) plunged into the river Chenab in the Gaddoo area of Doda.
Courts observation & order
The bench at the very outset observed, “ Be that as it may, Sh. S. S. Ahmed is appointed as Amicus Curiae in this petition as well.
It is also brought to the notice of this court by Mr. S. S. Ahmed, learned Amicus that in a road mishap occurred today morning, three people are feared dead as an ill-fated vehicle (Car) plunged into the river Chenab in the Gaddoo area of Doda.”
The bench taking note of the matter issued the following directions:
- We direct respondents 1 and 2 to constitute a Committee of Experts that shall ascertain the reasons for repeated road accidents on Batote-Doda-Kishtwar Road. The Committee shall suggest measures which help to make the road accident-free.
- A further direction is issued to respondents 1, 9, and 10 to erect rolling barriers/steel pillars on curved roads, also wherever culverts are found through Batote-Doda-Kishtwar road.
- The aforesaid respondents against whom the directions are being issued shall file the Action Taken Report by or before the next date of hearing.
The bench noted, “list this petition along with WP(C) PIL No. 30/2019 & PIL No.1/2018 on 01.02.2023.”
Case Title: Intakhab Ahmad Qazi Vs State & Ors
Coram: Acting Chief Justice Tashi Rabstan & Justice Rajesh Sekhri
Citation: WP(C) PIL No. 13/2022
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