KARACHI: A sessions court on Friday dismissed the pre-arrest bail application of a driver in a case pertaining to three young bike riders who were killed after his recklessly-driven dumper crushed them on Feb 8.

Additional District and Sessions Judge (East) Shahid Ali Memon dismissed the plea of Saeed Umer, a dumper driver, after hearing the defence and prosecution.

“This court is fully cognisant about the law of the land, in fact, Section 322 [punishment for qatl-bis-sabab] PPC provides sentence only diyat, but it does not mean that every irresponsible driver is given a license for running the vehicles without taking safety measures and care,” the court observed.

“Due to great negligence on the part of the dumper driver, a tragic incident took place which deprived the lives of three youngsters without their fault,” it added.

The court remarked: “It may not be forgotten that the incident in hand is not an ordinary incident in which three youngsters have lost their lives, but the incident is against the entire society.”

It added that the families of three youngsters had been deprived of their natural right to see their future happiness in terms of their marriages, jobs and earnings, adding that the dumper driver had not only deprived the youngsters of their lives but also deprived their families.

“As such, he is not entitled to bail before arrest being an extraordinary relief which is always given in extraordinary circumstances. Even then, at this stage and under such circumstances, if the bail is confirmed, then it would amount to encouraging the accused and like others for committing similar crimes fearlessly and it would also amount to provide him a safe passage either to abscond or tamper the prosecution evidence.”

“It was noticeable that the incident was stated to have been taken place in a day time, thus under such a situation, the accused is not entitled for any relief,” the order said.

Regarding the negligence of the concerned authorities, the judge observed: “I have also noted with great concern that the traffic incidents/ accidents always occur due to great carelessness and negligence of the concerned state functionaries and the frequent occurring of such unpleasant/ traffic/ shocking accidents reflect failure of the concerned authorities for regulating the heavy traffic.”

The judge hoped that the authorities concerned would learn from the sacrifices of the three youngsters and the worries of their families, and issue strict directions to the concerned quarters for regulating the heavy traffic so that such incidents might not occur.

According to the prosecution, the suspect driver hit a motorcycle near Korangi Creek on Feb 8 in the morning on which three youngsters — Shoukat, his cousin Amjad and Muhammad Asif —lost their lives on the spot.

A case was registered at Zaman Town police station 322 (punishment for qatl-bis-sabab), 427 (mischief causing damage to the amount of fifty rupees) and 34 (common intention) of the Pakistan Penal Code.

Published in Dawn, March 1st, 2025