PESHAWAR: The Peshawar High Court (PHC) has imposed a ban on boating at tourist sites across Khyber Pakhtunkhwa without proper safety measures and directed the relevant deputy commissioners to ensure implementation in their respective districts.
The case was heard by a division bench comprising Justice Ejaz Anwar and Justice Naeem Anwar.The bench issued the orders during the hearing of a petition filed by the Human Rights Commission of Pakistan (HRCP), which sought the formation of a judicial commission to prevent incidents like the Tanda Dam tragedy in the future.
HRCP’s counsel, Sikandar Naeem Qazi, informed the court that in January 2023, as many as 53 seminary students drowned when their boat overturned in Kohat’s Tanda Dam.Despite the presence of the relevant administrative bodies and police, no institution accepted responsibility, even though Section 144 had already banned boating at the dam.
He argued that KP lacks rules, Standard Operating Procedures (SOPs), and protocols for boating activities.Citing a 2019 report, he said that 1,610 people had drowned in the province. He requested the court to form a judicial commission to propose measures for preventing such incidents, determine responsibility, and formulate a mechanism for compensating affected families.
Additional Advocate General Taimur Haider and the director-general of Irrigation appeared before the court.The DG told the bench that issuing NOCs or licenses for boating in dams does not fall within his department’s jurisdiction; in some areas, such permissions are issued by wildlife or fisheries departments, but overall, these matters are overseen by the deputy commissioners.
Justice Ejaz Anwar asked the DG to clarify which authority is responsible for licensing and regulating boating.The DG replied that issuing NOCs was not their mandate and that the chief minister had instructed that such sites be handed over to the Tourism Department, as it was better equipped to manage them and enforce safety protocols.
However, he reiterated that deputy commissioners remained responsible for overseeing such activities.Justice Ejaz Anwar observed that motorized boats themselves cause environmental pollution and questioned why they were allowed without safety rules or equipment. “These people are playing with public lives,” he remarked.
The HRCP counsel said the issue reflected administrative failure. Justice Ejaz Anwar noted that similar unsafe practices occur at Sardaryab near Peshawar, where boats carrying dozens of children operate without life jackets. He stressed the need for a solution to prevent further tragedies.
The HRCP counsel reiterated the demand for clear procedures and compulsory safety measures, as no institution was willing to take responsibility. He called for a commission to draft SOPs and establish a compensation mechanism for victims’ families.
Justice Ejaz Anwar said the court would seek a report from the chief secretary, who oversees provincial administrative affairs and is therefore better positioned to address the matter.After imposing a ban on boating without safety precautions, the court directed the KP chief secretary to submit a detailed report by December 31.
