' While hearing Writ Petition No,12289 of 1992 (Muhammad Aslam Butt v. S.P., Traffic etc.) a request was made by the learned counsel for parties for issuance of a direction to Traffic Police to take immediate action against the owners of defective vehicles which emit injurious smoke when they are moving on the roads. On 12-1-1993, an interim order was passed by this Court wherein reference was made to section 112 of the Motor Vehicles Ordinance, 1965 and the Rule 163 of Motor Vehicles Rules, 1969, to throw light on the controversy.
2. The careful reading of the above law shows that Traffic Police are duty bound to take action against owners of faulty vehicles. On request, the learned Advocate-General and Dr. Tariq Pervaiz, Incharge Department of Radiotherapy and Oncology, Sir Gahga Ram Hospital, Lahore, appeared.
They gave very valuable assistance to the Court. Dr. Tariq Pervaiz has also given his authoritative views in writing which being beneficial and relevant to the controversy are reproduced below:-- "Immediate environment of the man comprises of air on which depends all forms of life. Air is a mechanical mixture of gases. The normal composition of external air by volume is approximately as follows:--- ' Nitrogen 78%, Oxygen 20.93% and Carbon Dioxide 0.03%. The remaining constitute a mixture of gases in trace amounts. Under ordinary condition, the composition of outdoor air is remarkably constant, this is brought about by self-cleansing process of nature. When rate of pollution becomes too high or when the cleansing process becomes ineffective then environment gets polluted. (Text-Book of Preventive and Social Medicine, 14th Edn., 1990, p. 375).
' A major source of air pollution in Urban environment is vehicular traffic smoke (Aance No, more a Threat, 1990, P-14). Vehicular affluents mostly contain oxides of Carbon (CO-0O2), Oxides of Nitrogen (No,NO2), particulate matter i.e. Carbon (Soot). Lead and its compound, formaldehyde, Benzene and sometimes Benazphyrine, Unburnt Hydrocarbon Ozone, Oxides of Sulphur, Dioxmes, PAN etc. The action and damaging effects of these constitute are as follows:-- FI NE PARTICLES ' These are not stopped by hairs of colla in the respractory passages and go straight down into the lungs. They irritrate the mucosa which can lead to the appearance of diseases ranging from non- malignant to malignant.
CARBON MONOXIDE ' Starves the body of Oxygen and damages heart.
NO AND NO,. NITRATES ' Produce resouratirt diseases kuje vribicgutus kiwers the resistance to influenza and other diseases like cardiovascular problems.
HYDROCARBON ' Hydrocarbon from unburnt gasolene vapours combined with nitrogen oxides in strong slight and from SMOG which is very toxic to body organs and even lead to Cancer formation and damage to plants.
BENZENE ' Long term exposure leads to blood cancer.
FORMALDEHYDE ' Irritates eyes and nose.
0 ZONE ' Irritates eyes, agravate asthma and damages crop. Lowers the growth of corn and wheat.
LEAD ' High exposure damages C.N.S. as a whole and low exposure causes brain damage and behavioral changes in children.
SULPHATE ' From automobile fuel mixing cause, hundreds of premature deaths, respiratory disease like asthma, CH. Bronchitis, emphasema and irritation of eyes.
BENZAPYRINE,NITROSAMINEETC. Cancer of forming elements.
(Ref.
1. Chemistry and the Environment 1990, p.199).
(2) Reporting on the Environment, A hand book for Journalist.
(3) Principal and Practice of Oncology, Devita 3rd Edn., 1989, p.128.
(4) Atmospherive Chemistry and Physics of Air Pollution, 1986, p.6.
' The faulty vehicles with incomplete combustion have all the above toxic elements in excess. There is more than 50% increase, in .unburnt Hydrocarbon and 5-10% increase in fuel consumption so as a whole there is increase in all types of completely and incompletely burnt ingredients. Such vehiculars also take usually more time to cover a distance so in turn more burning and more pollution Heavy road condition and unclean air and creveces in faulty vehicles also increases pollution. (Atmospheric Chemistry and Physics of Air Pollution, p.94).
' In high concentration from faulty vehicles these gases are more powerful and dangerous respiratory irritants. Such high concentration for even a brief exposure period are more hazardous to disease resistance than long term exposure to low level of contaminants. Smaller and fine particles in excess amount from such faulty vehicles shows even greater toxicity. (Ref.
1. Chemistry and the Environment.,
2. Princial and Practise of Oncology, 1989, p.219.) Environmental air pollution causes more than 2% of Cancer deaths. There is a suggestive evidence that the cancer of the lungs and other organs increases tremendously due to smoke from faulty vehicles (Cancer No More a Threat. Text Book of Preventive and Social Medicine, 14th Edn., 1990, p.375, Understanding Preventing Cancer Environmental Risk and Solution p.206, Atmospherive Chemistry and Physics of air pollution). Vehicular affluents are not only inhailed they are also deposited on the fodder and food we eat. In turn they produce problems and diseases of different body organs after ingestion. (1. Atmospheric Chemistry and Physics of Air Pollution.
2. Treatment of Cancer, 2nd Edition, p.390). Due to the smoke from faulty vehicles there is not only a loss to health and crops, it is also uneconomical loss of the nation by health treatment, crops reduction, more petrol consumption, damage to metals, buildings and loss due to accidents occurring after loss of visibility and fog.
(Ref. Atmospheric Chemistry and Physics of Air Pollution."
2. The above detailed report of the Expert would show beyond doubt that the smoke being released by the faulty vehicles would definitely be a major cause for giving birth to fatal diseases like =cancer and heart attacks etc; It is conceded by all present in Court that the vehicles, kept and maintained in proper order would not emit smoke which, in the opinion of Dr. Tariq Pervaiz, is injurious to the health of the public-at-large. The learned Advocate-General has also brought to the notice of the Court that an action had already been taken by the Hon'ble Supreme Court over the controversy vide Human Rights Case No,4-K /1992. Learned Advocate-General also states that the judgment of the Hon'ble Supreme Court is being followed by the Provincial Government.
However, learned counsel for the public-at-large states that the judgment has not been implemented by the law enforcing agencies so far. This being so, an immediate action on the part of the Provincial Government was called for. It has been complained by the learned counsel that a considerable number of vehicles being driven on Shahrah-e-Quaid-i-Azam, Lahore do emit injurious smoke and no action is being taken against the defaulters. They state that it is really hard to breathe in such like situation. The law does not permit to continue such a state of affairs. The necessary remedial measures have been provided by the law. Rule 163 of the Motor Vehicles Rules, 1969 and section 112 of the Motor Vehicles Ordinance, 1965 are produced below to throw light on the subject:--- "163. Emission of smoke vapour of grease.---(1) Every motor vehicle shall be so constructed, shall be maintained in such condition and shall be so driven and used that there shall not be emitted therefrom any smoke, visible vapour, grit, sparks ashes, cinders, or oily substance the emission of which could be prevented or avoided by the taking of reasonable steps or the exercise of reasonable care or the emission of which might cause damage or annoyance to other persons or property or endanger the safety of any other users of the road.
(2) Every motor vehicle using solid fuel shall be fitted with an efficient appliance for the purpose of preventing the emission of sparks or grit and also with a tray or shield to prevent ashes and cinders from falling on the road.
112.General provision for punishment of offences not otherwise provided for.--- Whoever contravenes any provision of this Ordinance or any rules made thereunder shall, if no other penalty is provided for the offence under this Ordinance, be punished with fine which may extend to one hundred rupees, and if having been previously convicted of such an offence, shall again be guilty of an offence, punishable under this section shall be subject for every such offence to fine which may extend to five hundred rupees."
' The above law, therefore, commands that the vehicles are constructed and driven in such a way so that they may not emit smoke. The provisions of section 112 provide punishment to the offenders.
In the first instance, the offenders are sentenced to a fine of Rs,100 only. The maximum fine, however, may extend to Rs,500. In my considered view, awarding of such a Petty sentence in such an alarming situation is inadequate. It is certainly not meeting the situation effectively. The risks are undoubtedly very high as already pointed above. The law-makers should, therefore, consider the problem objectively and may make a law providing severer punishment to the defaulters. It is really sad to note that the decision of the ultimate Court of the country, referred to earlier, is not being implemented by the Government-functionaries in letter and spirit. The concerned authorities, namely, all the District Magistrates, SSPs, DIGs and the Traffic Police in the Province of Punjab are directed to immediately comply with the directions already issued to them by the Hon'ble Supreme Court of Pakistan. They shall also submit complaince report to the concerned Government functionaries as already directed by the learned Supreme Court. With these remarks, these suo motu proceedings stand disposed of.
' Copies of this order shall be sent by the office to all the District Magistrates and the Superintendents of Police throughout the Province of Punjab for compliance.