PIL highlighting ‘dance of death’ on Mughal Road, in erstwhile Doda
Excelsior Correspondent
JAMMU, Sept 17: In the PIL highlighting ‘dance of death’ on Mughal Road and in erstwhile Doda district, Division Bench of the State High Court comprising First Puisne Judge Justice Rajesh Bindal and Justice Sindhu Sharma has directed the State Government to file a comprehensive affidavit of an authorized officer with regard to the issues raised in the PIL and the points formulated by the court vide order dated July 16, 2019.
The Division Bench also suggested the State Government for the creation of a “traffic park” in Jammu where the modern equipments should be affixed along with video games for imparting traffic education/ awareness amongst the masses as well as trials for the learner’s license.
The Division Bench further directed the State Government to apprise the court about the enquiries which have been marked in the affidavits including the medical certificate issued to the driver of the ill-fated vehicle who was suffering from epilepsy.
ASGI Vishal Sharma was also directed to seek instructions on behalf of BRO/ GREF as well as National Highway Authority of India (NHAI) as both these authorities were impleaded as party respondents on the last date of hearing.
Earlier, when the PIL filed by Intakhab Ahmed Qazi, a practicing lawyer from Poonch, came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocate Supriya Chouhan appearing for the petitioner drew the attention of the Division Bench towards the affidavits filed by Dr Asgar Hassan Samoon, Principal Secretary Transport Department and Alok Kumar, Inspector General of Police (Traffic) J&K pursuant to the directions passed by the Division Bench on July 16, 2019.
Advocate Ahmed submitted that in the enquiry conducted by the RTO Jammu it came to light that the driver who was driving the vehicle was not having valid/genuine driving license as per the office record of ARTO Poonch. The inquiry officer has further stated that driving license seems to be fudged and is presently under investigation in Police Station, Heerpora, Shopian.
The enquiry officer has further held that the vehicle was being driven without having valid route permit even after getting fitness certificate twice, firstly from Poonch on March, 8, 2018 and secondly from Jammu on March, 11, 2019 without getting the route permit renewed.
The affidavit of Principal Secretary Transport Department further states that after receiving the report from RTO Jammu directions were issued to ARTO Poonch to immediately cancel the permit of the ill fated vehicle.
Advocate Ahmed further submitted that in order to find out the lapse on the part of traffic officers/officials, a detailed factual report was sought from the subordinate units in whose area of responsibility, ill fated vehicles were plying on the day of incident. On receiving of the detailed report of both the accidents (Mughal Road and Keshwan, Kishtwar), enquiries have been ordered by THQ J&K vide order No.182 of 2019 dated July 17, 2019 and No.183 of 2019 dated July 17, 2019.
“Till date the State Government has not fixed any responsibility against the erring officers/officials who were remiss in the performance of their duties which led to the fatal accidents at Mughal road and at Keshwan (Kishtwar)”, Advocate Ahmed said, adding “unless and until the responsibility is not fixed the accidents cannot be prevented”.
At this stage, Advocate General D C Raina with AAG Ravinder Gupta and Deputy Advocate General Arshad Majid Malik appearing for the State Government submitted that all the questions framed by this court vide order dated July, 16, 2019 and the affidavits filed in response thereto shall be examined in detail and a comprehensive affidavit shall be filed by one authorized officer specifying the details as to how the menace of accidents on the roads and the traffic violations are to be dealt with.
After considering the submissions of both the sides, the Division Bench directed the State Government to file a comprehensive affidavit of an authorized officer with regard to the issues raised in the PIL and the points formulated by the Division Bench vide its order dated July, 16, 2019.
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