Garhi Shahu Tragedy Exposes Hollow Criminal Justice System — Supreme Court Lawyer Zabiullah Nagra Says “279, 427, 322 Are a License to Kill”

LAHORE : A day after the horrific Garhi Shahu accident in which a 22-wheeler trailer TLX/526 crushed a Black SUV DMK/436 and killed three members of a single family — husband, wife and 14-year-old son — the FIR No. 663/26 PS Garhi Shahu has triggered a nationwide debate on Pakistan’s weak traffic homicide laws.

Talking exclusively to *Minute Mirror*, senior renowned constitutional expert, *Advocate Supreme Court and Former Member Punjab Bar Council, Zabiullah Nagra* raised serious questions on the existing criminal justice system.

*EXPERT ANALYSIS — WHAT ZABIULLAH NAGRA SAID:*

Advocate Nagra said:

> “This is not just a traffic accident, this is a failure of our criminal justice system. Look at the FIR. Three precious lives lost, a family wiped out, a vehicle worth crores destroyed — and the law applies Section 279, 427 and 322 PPC. This is a cruel joke.”

*On Section 279 and 427 — Bailable, No Deterrence:*

“Section 279 PPC — rash driving — is colonial-era. Punishment is maximum 2 years or fine, and it is bailable. Means accused gets bail from police station itself. He doesn’t even see jail. Section 427 — mischief causing damage — same. You destroy someone’s Rs. 2 crore vehicle, you get bail in hours. Where is justice for the victim? How will he recover his loss? Our law has no concept of restitution for property in such cases.”

*On Section 322 — Qatl-bis-Sabab:*

“The most painful is Section 322 — Qatl-bis-Sabab. The law says if death occurs due to rash and negligent act, without intention, punishment is only Diyat. There is no concept of imprisonment as mandatory. The driver pays Diyat and walks free. In developed jurisdictions, this is called Vehicular Manslaughter or Vehicular Homicide with 10-15 years imprisonment. Here, we treat three deaths as an accident and close the chapter.”

*Serious Questions Raised by the Expert:*

Advocate Nagra raised four constitutional questions:

*1. Why not Section 320 — Qatl-i-Khata by rash driving?*
“Police should have applied Section 320 which deals with Qatl-i-Khata by rash or negligent driving, which carries up to 5 years plus Diyat. Even that is less, but better than 322. Better would be to add Section 322-A, or apply Section 302’s principle of recklessness where driver knows his act can kill.”

*2. Why is owner not nominated?*
“In such cases, under vicarious liability, the owner of the trailer company, who allowed an untrained, overworked driver to drive a 22-wheeler inside city at midnight, should also be accused. Our law never touches the owner.”

*3. Why Motor Vehicle Ordinance is sleeping?*
“Section 99 and 100 of Motor Vehicle Ordinance 1965 says license can be cancelled and heavy vehicle entry in city is prohibited at certain hours. Who implemented? No one. The driver will get his license back and will be on same road next week.”

*4. Constitutional Violation — Article 9 Right to Life:*
“Article 9 of Constitution guarantees Right to Life. When state allows killer trailers to enter city and gives bailable sections, it is violating Article 9. The state has failed to protect life.”

*What Needs Immediate Reform — Nagra’s Demands:*

Advocate Zabiullah Nagra demanded:

– Sections 279 and 427 should be made *non-bailable and cognizable with enhanced punishment up to 7 years* when heavy vehicles are involved
– *New law of Vehicular Homicide* should be introduced — death by dangerous driving should carry minimum 7-10 years rigorous imprisonment without Diyat compromise, if negligence is gross
– *Owner and Company liability* must be fixed — the company that owns TLX/526 should be made co-accused
– *Permanent cancellation of HTV license* and blacklisting of driver, and *confiscation of vehicle* till payment of compensation
– *Mandatory compensation tribunal* like Motor Accident Claims Tribunal in India, to give immediate Rs. 2-3 crore compensation to family, instead of waiting years in civil courts

He concluded:

> “Kisi ki duniya lut gayi, aur qanoon kehta hai Diyat de do. This is not justice. This is a license to kill. Until Parliament amends these laws, Garhi Shahu will repeat every week. We need to shift from Diyat-based settlement to punishment-based deterrence for rash driving causing death.”

The tragic FIR, which you obtained, is now being cited by lawyers across Lahore as a classic example of how poor sections let the culprit go free.