LAHORE: The Lahore High Court (LHC) has ordered the Punjab chief secretary to form a committee to decide the legality of the government’s act of impounding private vehicles for blocking roads and suggest the mode of compensation to be made to owners in case of any damage to these vehicles.

Justice Abid Hussain Chattha passed the order on the petitions filed by two goods transport companies whose containers were impounded by the government to block roads during the PTI protests on May 9, 2023 and Oct 5, 2024.

Some of the loaded containers of the petitioners were also torched by the protesters at Kalma Chowk underpass and Shahdara during the protests on May 9 and Oct 5, respectively.

The companies alleged that the containers and valuable goods they were carrying were burnt to ashes. They said the police and traffic officials, instead of protecting the drivers, vehicle and the loaded goods, fled the scene.

Lawyers for the petitioners stated that the incidents were widely reported in various news channels, drawing condemnation, but they wonder from whom they should seek recovery of their losses and how to proceed against the state officials who were supposed to protect their life, property and liberty.

The lawyers argued that the state and its functionaries are obligated under the Constitution to protect the life, liberty and property of its citizens.

They said there is no provision of law which authorises the agencies and functionaries of the state to take possession of the property of its citizens without following the due process of law.

The goods transport companies sought compensation for the losses and a declaration to the effect that the arbitrary act of impounding, confiscating and detaining vehicles was unlawful and unconstitutional.

In his decision, Justice Chattha directed the chief secretary to constitute a committee to thoroughly investigate the allegations leveled by the petitioners and decide under what authority the government could impound private vehicles for blocking roads in the event of protests?

The committee will also decide the actual losses suffered by the petitioners and what mechanism has been put in place by the state for payment of compensation to them.

The judge also directed the chief secretary to constitute the committee consisting of three impartial officers not below the rank of BS-21 to undertake a thorough inquiry into the allegations of the petitioners/companies, assess the losses suffered by them and if found true, make recommendations to the government for payment of due compensation and identify the role of police and traffic officials involved in the incidents, resulting in losses to the petitioners.

Justice Chattha ordered the chief secretary to supervise the inquiry proceedings himself and share with the government its findings. The inquiry shall be concluded expeditiously, preferably within three months, he added.

With these directions, the judge disposed of the petitions.

Published in Dawn, January 28th, 2025