A matter of business: Order to vacate bus terminal temporarily suspended

PHC directs officials to submit written replies before next hearing

PESHAWAR: The Peshawar High Court on Friday temporarily suspended the Khyber-Pakhtunkhwa transport department’s order which directed transporters to vacate Peshawar Bus Terminal within three days.

A bench comprising Justice Abdul Latif Khan and Justice Lal Jan Khattak issued an interim order and directed the department to submit written replies before the next hearing.

The petition was filed by transporters through a panel of lawyers comprising Aminur Rehman, Imtiaz Ali, Ghulam Mohiuddin Malik and Ziaur Rehman.

During the hearing, the panel said their clients have been operating transport services from the terminal to almost all destinations across the country for many years. Moreover, they have made it a point to comply with legal procedures in running this business.

Aminur Rehman told the court transporters have obtained permits from the provincial transport department and copies of their licences and registration documents are also available with the government.

“Nevertheless, the transport department issued an order on April 14 directing the transporters to vacate Peshawar Bus Terminal within three days,” he said. “It did not cite any reasons for this decision. The order simply stated that if the terminal is not vacated within the stipulated time, it will be sealed off.”

The panel told the court their clients invested millions of rupees to keep their business afloat. However, the government has yet to inform transporters about any alternative arrangements through a written order. They added transporters have the constitutional and legal right to do business without any restrictions from the government.

The panel requested the court to nullify the order as it impinges on basic rights and constitutional principles.

“The high court has previously delivered numerous verdicts in favour of the transporters,” Aminur Rehman said. “This includes providing them with access to bus stands whenever the government ordered them to vacate them or suspended their contract.”

After hearing the arguments, the court issued an interim order to temporarily suspend the transport department’s decision and directed the department to submit its written comments.

Published in The Express Tribune, April 18^th, 2015.