Tezgam Express fire case: IHC orders secys, others to appear on next hearing

The Islamabad High Court (IHC) on Monday directed the interior secretary, secretary railways and others to appear before the court in person on the next hearing of the Tezgam Express fire incident case.

A single bench of IHC comprising Justice Mohsin Akhtar Kayani heard a petition filed by Advocate Riaz Hanif Rahi, president of Jurist Foundation, seeking an independent inquiry into Tezgam train fire incident.

In this tragic incident, at least 74 people were killed and dozens were injured on October 31, 2019, after a gas cylinder exploded in the train near Rahim Yar Khan's Liaqatpur area.

The Tezgam was on its way from Karachi to Rawalpindi, when the gas cylinder carried by a passenger exploded, killing and injuring the passengers. During the hearing, the IHC bench asked about the inquiry report over the incident from the federal government.

In response, the lawyer of the railways ministry informed the court that the inquiry of the incident had been completed and being further reviewed. The court sought final report of the incident. The railways representative said that the report had been submitted in the Senate.

The bench remarked, "Do not tell us the story of the Senate and National Assembly, and rather inform the court about your performance." Justice Kayani, while expressing annoyance, said that several lives had been lost in the incident, and no one had the information about it.

Later, the bench adjourned hearing of the case till February 24th. The petitioner has sought removal of Federal Minister for Railways Sheikh Rashid Ahmed and an independent inquiry under the Pakistan Commissioner Inquiry Act 2017 for the October 31, 2019 tragedy.

The petitioner adopted in the petition that the federal minister had claimed that the fire was a result of passengers attempting to cook food using a cylinder in the moving train. He said that both the parties should be heard under Section 24-A of the General Clauses Act 1897.

"Moreover, a man who believes unilateral view is not righteous within the definition of Article 62(I)(1) of the 1973 Constitution," stated the petition, adding that the railways minister had lost "legal, religious, ethical and constitutional" justification to remain in office after believing in one-sided view - that of the train officials - and officiating a response without the completion of the inquiry.

The petitioner also questioned that why still Prime Minister Imran Khan had not asked Rashid to resign. He submitted that in the past, PM Khan when he was in opposition had demanded resignation of incumbent ministers to resign to ensure transparent inquiries.