The issue of criminal negligence of public servants in Pakistan has once again come into focus after tragic incidents such as the Karachi Gul Plaza fire and the Lahore manhole accident. These events have raised serious questions about accountability, enforcement of existing laws, and the repeated failure to prevent avoidable loss of life and property. Despite having clear legal provisions, Pakistan continues to witness tragedies rooted not in the absence of laws, but in their non-implementation.
Existing Laws Are Already Clear
Contrary to public perception, Pakistani law does not grant blanket immunity to government officials. Under the Pakistan Penal Code (PPC), causing death by a rash or negligent act is a criminal offence. This applies equally to private individuals and public servants. If it can be established that an officer’s negligence, omission, or failure to perform statutory duties directly contributed to deaths or property damage, criminal liability can arise.
In cases of criminal negligence of public servants in Pakistan, the law clearly states that departmental status does not shield an individual from prosecution. Imprisonment, fines, or both can be imposed if criminal negligence is proven. Yet, in practice, such provisions are rarely invoked.
Administrative Action Is Not Enough
One of the most troubling patterns is that after major incidents, the usual response is suspension or transfer of officials pending departmental inquiry. While administrative action may be necessary, it does not replace criminal accountability. The Civil Servants Act, 1973 explicitly states that civil servants are subject to all laws of the land, and departmental proceedings do not bar criminal action.
This distinction is critical. Disciplinary proceedings are internal matters aimed at service conduct, whereas criminal trials address violations of law that harm society at large. Treating criminal negligence as merely an administrative lapse undermines justice and encourages a culture of impunity.
Conduct Rules and Duty of Care
The Government Servants (Conduct) Rules, 1964 require every public servant to maintain integrity, devotion to duty, and behavior befitting their office. Ignoring building safety violations, approving unsafe structures, or failing to act on public complaints is not just misconduct—it can cross into criminal territory.
In many cases involving criminal negligence of public servants in Pakistan, officials responsible for inspections, approvals, and enforcement are aware of violations but fail to act. When such inaction results in deaths, the argument of “oversight” becomes legally and morally weak.
Supreme Court’s Position on Criminal Prosecution
Pakistan’s Supreme Court has repeatedly clarified that disciplinary proceedings do not prevent criminal prosecution if the elements of a criminal offence are present. This means that an official can face suspension or dismissal while also standing trial in a criminal court.
This judicial stance reinforces the principle that public office carries responsibility, not privilege. Officials entrusted with public safety are expected to exercise due care, especially in areas such as building control, municipal services, and infrastructure maintenance.
Gul Plaza and Lahore Manhole: Patterns of Negligence
Initial findings in the Gul Plaza fire case suggest the absence of basic safety measures, including adequate fire exits, alarm systems, and emergency preparedness. These are mandatory requirements under municipal and building control laws. Failure to enforce them, particularly after inspections or complaints, may amount to criminal negligence.
The Lahore manhole incident points to systemic neglect. Open or poorly maintained manholes are a known hazard. When such dangers persist in public spaces, responsibility does not vanish into bureaucracy it rests with specific departments and officials.
Both cases reflect the broader problem of criminal negligence of public servants in Pakistan, where warning signs are ignored until tragedy strikes.
Why Enforcement Remains Weak
Several factors contribute to poor enforcement: institutional reluctance to prosecute colleagues, political pressure, lengthy legal processes, and lack of independent oversight. Often, investigations focus on low-level staff while senior decision-makers escape scrutiny.
This selective accountability erodes public trust and signals that negligence carries little real consequence. Without consistent enforcement, laws remain words on paper rather than tools for justice.
The Way Forward
Addressing criminal negligence of public servants in Pakistan requires a shift from symbolic action to meaningful accountability. Independent investigations, transparent reporting, and willingness to pursue criminal charges where warranted are essential.
Equally important is preventive enforcement regular inspections, strict compliance with safety regulations, and swift action on violations. Accountability should not begin after lives are lost; it should be embedded in everyday governance.
Pakistan does not lack laws to hold negligent public servants accountable. What it lacks is the resolve to enforce them consistently. Until criminal negligence is treated as a serious offence rather than an administrative inconvenience, tragedies like Gul Plaza and the Lahore manhole incident will continue to repeat themselves. Real reform begins when accountability becomes the rule, not the exception.
