' SALEEM AKHTAR, J.---All the persons present have submitted their reports which were examined on 26-9-1993. From the reports common points collectively which are not in dispute can be summarised as follows:---
(i) In compliance with this Court's Orders passed earlier, mobile checking was conducted. During the period of one year ending 15th September, 1993, 128 mobile checking's were organized. Besides these, mobile checking's organized by the police authorities were also conducted and the total checking's of all the four districts of Karachi comes to 242. 3143 persons were challenged and 1306 fitness certificates were suspended.
(ii) The encroachments. In Sadar area were removed and cleared and vacant possession of such land was delivered to the land owners, but thereafter encroachments have again appeared.
(iii) The inspection and issuance of fitness certificate by the Motor Vehicles Inspectors is far from satisfactory.
(iv) One of the causes for pollution by smoke emitting vehicles is adulteration in petrol, diesel and engine oil.
(v) Although Pakistan Environmental Protection Agency has fixed the National Environmental Quality standards for motor vehicles -Exhaust and Noise, none of the Government agencies have the instrument for its measurement and therefore the standards so prescribed cannot be implemented nor its breach can be tested.
(vi) The motor rickshaws are playing without silencer and are source of causing noise.
(vii) Pressure horns are found fitted in the vehicles and have not effectively been checked.
(viii)As no model restriction has been imposed for the buses plying in Karachi, there are breakdowns and problems in maintaining them in proper and fit condition.
(ix) The system for checking and disposal of the traffic cases requires to be streamlined in an effective manner.
(x) There seems to be random checking of the vehicles by the team consisting of S.T.M., Traffic Police, Motor Vehicle Inspector and the representative of the C.P.L.C. It was pointed out that the checking schedule is disturbed due to the frequent transfers of S.T.Ms. And lack of interest on their part. The Commissioner has assured that the S.T.Ms. Will be made available for checking and if anyone of them has been transferred, alternate arrangement shall be made immediately.
2. In order to streamline the process of checking as a first step in eliminating the pollution caused by the smoke emitting vehicles, the following interim order is passed:---
(a) A minimum of two mobile checking's per week per district for at least 2-1/2 hours duration should be arranged in terms of the earlier order which is being practiced. It may, however, be added that henceforth the Honorary Magistrates appointed by the Provincial Government with the approval of the Humble Chief Justice. High Court of Sindh, be associated with the checking team and if S.T.Ms. Are not available, the Honorary Magistrate shall try and dispose of summary cases at the time of checking.
(b) The monthly schedule of the mobile checking's shall be issued by the S.T.M. Or any person authorized by the Commissioner without mentioning the checking locations which shall be decided by the checking team at the time of starting the checking on that day.
(c) A weekly report of such checking shall be submitted by the S.T.M./Honorary Magistrate to the C.P.L.C., Central Reporting Cell, which shall compile the same and submit a consolidated report with comments and suggestions to the Assistant Registrar, Supreme Court, Karachi after every three months.
(d) It has been revealed from a report that K.T.C. Government vehicles including police vehicles and certain "marked" private transport vehicles are not challaned. This discrimination should end and all vehicles irrespective of their owners/drivers sliould be brought to book in case they violate the law. On query what is meant by "marked" transport private vehicles it was disclosed that these vehicles bear a particular mark, inscription, insignia or certain words which are understood by certain persons involved with the traffic checking and they just allow them to pass without checking saying that they belong to influential persons. This is a deplorable attitude. The authorities concerned are directed to check vehicles irrespective whether they are marked or not, but if this policy of not challenging marked vehicles persists, the representative of C.P.L.C. Associated with the checking team should note down the number of such vehicles and report it to the C.P.L.C. Reporting Centre which shall forward it to the Assistant Registrar, Supreme Court, Karachi.
(e) Motor vehicle inspection procedure should be totally overhauled and every week D.I.T., T & T, shall obtain the particulars of such vehicles to which fitness certificates have been issued by M.V.Is according to rules and forward them to C.P.L.C., Central Reporting Cell which shall submit with comments to the Assistant. Registrar, Supreme Court,' A Karachi along with the quarterly reports.
3. So far encroachment is concerned, according to the Commissioner unless the owners of the land, namely, K.M.C. And K.D.A. Take proper action according to law, the authorities responsible for clearing such encroachments cannot succeed in removing them. According to the Commissioner and the Chief C.P.L.C., K.D.A. And K.M.C. Must discharge their duties and cooperate with the authorities. In these circumstances, notice be issued to K.D.A. And K.M.C. Land Departments to find out their view point to be submitted on or before 30-11-1993.
4. D.I.-G. Traffic has pointed out that a large number of public transport vehicles plying in Karachi city are very old and emit excessive smoke due to poor condition. According to him to prevent smoke pollution effective transport policy which aims at rational fares and incentives should be made by the Ministry of Transport with a view to encourage induction of new buses replacing old vehicles. The Commissioner, however, did not agree that present fare structure is less profitable and does not provide incentive. The Government must formulate realistic transport policy taking in view the transporters and commuters both. However, even in the absence of such, a policy it will not be permissible to allow smoke emitting vehicles to ply without checking or taking any action.
While strictness should be shown in checking such vehicles, the Commissioner should arrange meeting with the transporters, public representatives and recognised members of N.G.s. To solve the problem and submit his report to this Court as well as to the Government.
5. All present were of the view that the penalty and punishment provided by law is so lenient that the checking and challan loses its deterrent effect. This submission has weight but solong law is not amended it need not be enforced. It has to be enforced as it stands. A strict checking and enforcement of traffic laws is itself a great deterrent except for the hardened criminals. The Chiefs of C.P.L.C. And Shehri were of the view that the fault mainly lies with the traffic police which does not perform its routine duty effectively which encourages violation of law. It was also stated that the high officials of law of the Traffic Police are seen confined in their office rooms instead of on the roads. There seems to be a lot of truth in it and the -G.P., D.I.-Gs and S.Ps. Should take serious note of these facts and streamline the working and administration of the Traffic Police.
6. The Director-General, Environmental Protection Agency (E.P.L.A.) Sindh has submitted that as emission standards for motor vehicles have been adopted and notified, the Police Department may now enforce it in coordination with E.P.L.A. Presently difficulty is that none of the agencies, Government Departments and functionaries have so far acquired the testing equipment. The concerned authorities particularly D.I.-G. Traffic, Police Department and E.P.L.A. Must obtain the equipment on urgency basis to avoid further environmental hazards. They are directed to submit their report in this regard on or before 30-11-1993.
7. Adulteration in petrol and oil also causes emission of smoke by the vehicles. There are certain points of adulteration which must be checked. The adulteration can be made in (1) the refineries,
(2) oil companies, (3) during transit and (4) in the tanks of the petrol pumps. The Commissioner has informed that he had attempted to check adulteration in petrol but resentment was shown by the Petrol Pump Owners' Association. He has arranged a meeting with them, the refineries and the oil companies to deal with this problem. However, in order to deal with this growing problem notice be issued to the oil companies, refineries and the petrol pump owners' association and also to the authority dealing with weights and measures responsible for checking the petrol quality-wise as well as measurement. The Commissioner may continue his efforts and report in due course before 30-12-1993.
8. As regards noise pollution the following interim order is passed:---
(i) As required by the Motor Vehicles Ordinance the concerned authorities should ensure that the motorcycle rickshaws are not allowed to ply without silencers. It has been pointed out that there has been a practice in Karachi that the silencers are not fitted in the motorcycle rickshaws. Such practice, however, cannot override the provisions of law, particularly rules 155 and 158 of the Motor Vehicles Rules, 1969. In the existing circumstances, all the persons owning or plying motorcycle rickshaws should be given one month's time to get the silencers fitted in their motorcycle rickshaws. A wide publicity should be made through press, radio and television. Such notices should also be displayed at public places. After expiry of one month action shall be taken against motorcycle rickshaws plying without silencers.
(ii) Many vehicles are found fitted with pressure horns or multi-tone horns giving unduly harsh shrill loud or alarming voice. Rule 154 of the Motor Vehicles Rules, 1969 prohibits fitting of such horns. The practice seems to be that such vehicles are challaned and pressure horns are disconnected or seized by the police. However, in order to make it more effective whenever any authority seizes such horns, it should deposit it with Central Nizarat situated opposite Civic Centre, Karachi.
' A copy of this order should be sent to the Governor and Chief Minister of Sindh.