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Justice Saleem Akhtar (Retd) has said public authorities including local government and other civic agencies were responsible to repair consequential losses in case they adversely affect the fundamental rights of the citizens.
He was addressing the public awareness seminar on "the negligence liability of the public authorities," organised by Karachi Supreme Lion club here at local hotel.
In case public authorities including local government and other civic agencies and public utilities institutions adversely affect the fundamental rights of citizens by negligence or trample the same by showing recklessness and outrageous conduct, they were responsible under the law to repair the consequential losses as far as money can do, he said.
"Constitution of Pakistan has granted a number of fundamental rights to the citizens and right of life is most important which is inviolable in any manner," he added.
He also referred cases from foreign jurisdiction where even dug roads which were left in unattended position by public authorities and caused harm to the pedestrian, invited heavy liability in case harm to body.
Justice Dr Ghous Mohammad (retd) said it was primary obligation of municipal authorities and city government to make proper and adequate arrangements of draining out of the flow of rainwater.
"They are liable in cases losses arising out of such dereliction of duty of care," he said. Senior Civil Judge Qazi Mohammad Naeem said liability of public authorities in case of negligent and default of performance of duties were same as that of the individual and they couldn't claim any immunity and privilege at all in the matter of liability arising out of the harmful consequences of their omission and commissions.

Copyright Pakistan Press International, 2006

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