PESHAWAR: Peshawar High Court has sought comments from federal government and National Highways Authority to a petition of All Pakistan Oil Tankers Owners Association, challenging the ban imposed more than seven years ago on using Kohat tunnel by oil tankers.

A bench consisting of Justice Syed Mohammad Attique Shah and Justice Syed Arshad Ali issued notices to the NHA chairman, its general manager, secretary of communication ministry and Kohat deputy commissioner, directing them to submit their comments within a fortnight.

The petition was filed on behalf of All Pakistan Oil Tankers Owners Association through its provincial chairman Mohammad Shafi Marwat, seeking directives of court for the respondents to allow oil tankers to use Kohat tunnel and also declare the impugned decision as illegal.

The petitioner has also sought interim relief, requesting the court that till final disposal of the petition the oil tankers may be allowed to use Kohat tunnel.

The ban was imposed by NHA more than seven years ago

The petitioner’s counsel, Mohammad Arif Firdous, stated that construction of the 1.9-kilometre long Kohat tunnel had begun in 1999 and it was opened to traffic in June 2003.

He said that as part of developing the Indus Highway system, the tunnel served as a shorter alternate route to that of the Kotal Pass, situated between the cities of Peshawar and Kohat. He stated that the new route decreased the time required to travel through the Kotal Pass by about 20 minutes.

The counsel said that the main advantage of Kohat tunnel was that long bodied vehicles could now use Indus Highway whereas previously the narrow turns and bends on the Kotal Pass had made it impossible for such vehicles to travel.

He stated that after its opening, the vehicles of the petitioner organisation were allowed to use Kohat tunnel till 2016 and not a single accident happened throughout that period.

However, he said that all of a sudden the respondent NHA general manager issued a letter on December 9, 2016, to the commanding officer of 23 Punjab Battalion Kohat-Dara Adamkhel, asking him not to allow use of the tunnel by oil tankers.

He contended that after the ban was imposed, the association staged protests for many days and the local administration assured it that the matter would be resolved. He added that the association time and again approached different authorities including prime minister but so far no response was given to it.

Mr Firdous argued that the petitioner vehicles had now been forced to use the 11-killometre hilly track between Kohat and Dara Adamkhel, which was perilous and caused regular accidents.

He contended that the passenger vans fitted with two or three CNG tanks were allowed to pass through the tunnel despite being potential hazardous.

He pointed out that not a single tunnel was closed to oil tankers in the country except Kohat tunnel.

He added that if the ban was according to standard operating procedure (SOP) then it should be applied across the board as presently it was discriminatory.

Published in Dawn, March 4th, 2024