A news item appeared in daily newspaper "Jang", Lahore and daily newspaper "Khabrain", Lahore on 21-4-1999, the gist of which is as under:--- "One person named as Aslam Pervaiz, owner and driver of Bus No,LES-517, set at fire his said bus after boarding off the passengers. He raised hue and cry to the effect that the illegal gratification was every time demanded from him whenever he brought the bus on road."
2. Without prejudice, I chose to suo motu take up the matter and expressed that is not an ordinary matter in the social set-up of an Islamic country being run under the Constitution of the Islamic Republic of Pakistan, 1973 containing Article 2A and observed that the matter requires to be probed and looked into under the supervisory jurisdiction of this Constitutional Court.
3. I called Syed Zulfiqar Ali Bokbari, A.A.-G.. And directed him to cause the appearance of the following Police Officers before this Court on 22-4-1999 at 9.00 a.m.:--
(i) the Superintendent of Police Traffic, Lahore
(ii) Traffic Sargeant of the area known as Ravi Road Niazi Shaheed Chowk, Lahore.
(iii) Ghulam Mustafa A.S.-I. Traffic Lahore posted near Niazi Shaheed Chowk, Lahore against whom the allegation had been made by Aslam Pervaiz driver of Bus No,LES 517.
(iv) S.H.O. Police Station Shafiqabad, Lahore, alongwith police file as it stands projected from the Newspapers that Aslam Pervaiz driver has been confined in Police Station Shafiqabad, Lahore. If any criminal case stands registered against Aslam Perviaz driver the police file shall also be produced by the S.H.O. Police Station Shafiqabad, Lahore.
4. The learned Assistant Advocate General was also asked to cause the appearance of Haji Muhammad Hayat, Secretary, Pakistan Motors Transport Federation, Lahore and Aslam Perviaz driver confined in Police Station Shafiqabad, Lahore alongwith the aforesaid Police Officer.
5. I had observed in my order dated 21-4-1999 that the cases of suicide as has happened in Chowk Aabpara, Islamabad and setting at fire the bus by its owner/driver must be considered with all the seriousness by all of us.
6. On 22-4-1999 Syed Zulfiqar Ali Bokhari, A.A.-G.., Mr. Abdul Aziz Superintendent of Police (Traffic), Lahore. Imtiaz-ur-Rehman, Traffic Sergeant, Ravi Road, Lahore, Asif Javed Inspector/S.H.O., Police Station Shafiqabad, Lahore, Haji Muhammad Hayat, General Secretary, Pakistan Motors Transport Federation, Lahore, Ghulam Mustafa A.S.-I. Traffic (under suspension) Ravi Road Lahore and Aslam Pervaiz driver and owner of Bus No,LES-517 appeared.
7. During the proceedings conducted on 22-4-1999, at the very outset, Aslam Pervaiz owner and driver of Bus No,LES-517 expressed that it was his misfortune that being disgruntled of the transport business he set at fire his bus and he clearly exonerated the police by stating that he would not like to take any action against the police. I expressed the view that it had happened because Aslam Pervaiz is not in a position to withstand the pressure of the Traffic Police, Lahore.
8. Since the matter pertains to the Traffic Police, Lahore I expressed that it is a matter of common scene and knowledge that the traffic violations are being conducted by the drivers and even on Shahrah-e-Quaid-e-Azam there are no boards of 'Silence Zone' as the horns are blown near important places like the Gate of the Governor House, Lahore High Court, G.P.O. In front of which there are different Courts of the Federal Government and National College of Arts etc. Etc. I directed the Superintendent of Police (Traffic) Lahore to proceed in the matter as under:---
(i) There must be allocation of 'Silence Zones' in different parts of the city and conspicuous boards shall be installed there. The excuse of budgetary constraint shall not be brought to the notice of this Court. This shall be done within a period of sixty days.
(ii) Within the territorial limits of 'Silence Zones' the horns shall not be blown by the drivers of the vehicles, commercial or private.
(iii) The rules and regulations of the cadre of the Traffic Police shall be brought before this Court on the next date of hearing. The Court is aware that there is the separate cadre of the Traffic Sergeants who are recruited as Traffic Sergeants and will continue. However, there is a common complaint that favourite persons are working in the Traffic Police for the last about one decade. If there is a separate cadre of the Traffic Police the particulars of the members of the Traffic Police in Lahore shall be submitted on the next date in a consolidated list.
(iv) The S.H.O. Police Station Shafiqabad, Lahore has submitted the police file of case F.I.R. No,148 registered on 20-4-1999 under section 427/435, Pakistan Penal Code. Aslam Pervaiz driver was arrested and on the basis of the case diary prepared on 21-4-1999 by the D.S.P. New, Anarkali Circle, Lahore no case is made out and he has directed the S.H.O. For the cancellation of the F.I.R. The S.H.O. Shall get cancelled the F.I.R. Under section 169/173 of the Code of Criminal Procedure from the Court of the learned Area Magistrate and shall place the matter before this Court.
9. It seems that the S.H.O. Police Station Shafiqabad, Lahore expressed about the cancellation of case F.I.R. No,148 registered on 20-4-1999 at Police Station Shafiqabad, Lahore under section 427/435 Pakistan Penal Code as the aforesaid Aslam Pervaiz driver/accused did not stand by his own protest published in the Newspapers as projected above who was given the undertaking that the S.H.O. Shall get cancelled the F.I.R under section 169/173 of the Code of Criminal Procedure from the Court of the learned Area Magistrate Lahore.
10. This matter was directed to be listed for 6-5-1999.
11. Today Syed Zulfiqar Ali Bokhari, Assistant Advocate-General, Mr. Riaz Hussain Kazmi D.S.P.
(Traffic) Headquarters, Lahore, A.S.-I. Javed Inspector/S.H.O. Police Station Shafiqabad, Lahore and Aslam Pervaiz owner/driver of Bus No,LES-517 have appeared.
12. It is noteworthy that from 22-4-1999 to 5-5-1999 I received many letters from members of the public wherein they brought their difficulties to the notice of this Court. Some of the difficulties pertain to Lahore and around Lahore while some pertain to the far-flung areas as well. The complaints against the Traffic Police and the transporters have been narrated therein.
13. The Provincial Government posted the Deputy Inspector-General of Police (Traffic) Punjab during the pendency of this matter as this post was lying vacant. In place of the previous Superintendent of Police (Traffic) Lahore another Police Officer has been posted as Superintendent of Police (Traffic) Lahore. Forty-two Inspectors (Traffic) have been transferred to different districts as well as Punjab Constabulary by the Deputy Inspector-General of Police (Traffic) Punjab Lahore.
The aforesaid actions of the Deputy Inspector-General of Police (Traffic) have been taken as a source of satisfaction according to the news material. His orders are being taken in good taste, positive sense and source of convenience by the public.
14. Keeping in view the difficulties of the public it is proper to enumerate the same with the desirability of this Court for removal of the same.
15. First of all I would refer to the statutes of the Traffic Police. The copies of some directions issued by the Government have been submitted by Mr. Riaz Hussain Kazmi, Deputy Superintendent of Police (Traffic) Headquarters, Lahore. I would express that the Traffic Police is a part of the Police and is not a separate department. The posting of any Police Officer in the Traffic Police cannot be said to be on "Deputation". It is narrated in ESTACODE published by the Government of Pakistan, Islamabad during the year 1983 under the Caption "Deputation" that "...According to the practice in vogue a Government servant begins to be regarded as "Deputationist" when he is appointed or transferred, through the process of selection to a post in a department or service altogether different from the one to which he permanently belongs." In this view of the matter the posting and transfer of any Police Officer to Local Police, Traffic Police, and Central Intelligence Agency (CIA) etc. Etc. Has to be made by the Competent Authority. As such it is held that there is no need to further touch this point and to analyse the same. It is held to be out of consideration of this Court in this suo motu notice especially when the Deputy Inspector-General of Police (Traffic) Punjab, Lahore has passed the orders of the transfer of the Traffic Inspectors Police and it was also in the Press that the orders about the transfer of other Traffic Police Officers of the rank of Sub- Inspector/Assistant SubInspectors/Head Constables and Constables may be made. I would express that it is the discretion of the Competent Authority in the matter under consideration.
16. As expressed above the public brought many difficulties to the knowledge of this Court which are brought to the notice of the Deputy Inspector General of Police (Traffic) Punjab, Lahore and all the Superintendents of Police (Traffic) posted in Punjab conveying the desire of this Court for redressal and removal of the same:---
(i) At different check posts established by the Traffic Police, the car owners as well as the drivers of trucks, wagons and taxis are directed to get inscribed the chasis number, vehicles number, and engine number on the wind screen and the rear screen. In case of refusal the offer is made to collect one chit valuing Rs,200 to avoid any challan otherwise every effort is made to challan the driver. The car owners are insulted in the presence of the drivers and the family members. A perusal of the Motor Vehicle Ordinance has made out that non-inscription of chasis number, engine number and vehicle number on the wind screen and the rear screen is not an offence. On official vehicles as well as personal vehicles of influential persons including the high-ranking officers no such inscription is seen. I would stress that police is there to serve and facilitate the public and not to harass or create problems for them. The self-employed staff charging more than the market rate is made to remain present at the check-posts with whom the profit is shared. The Police Department is for the convenience of the public. I would express that the Deputy Inspector General of Police (Traffic) Punjab, Lahore shall issue an Order of the Day till 30-5-1999 directing the Traffic Police Punjab not to get inscribed the chasis number, engine number, and vehicle number on the wind screen and the rear screen at the Check Posts through their own employed staff. In this regard the incentive can be prompted through affixation of sign boards at different places in favour of this inscription. It is pointed out that the wind screens can be removed/broken by a thief if theft is made and this is not the only method to get the vehicle saved from the clutches of the car lifters. Rather the better performance of duty by the Police Officers can bring the salubrious and positive results in this regard.
(ii) The vehicles are not run according to the routes. All this is done with the connivance of the Traffic Police. It may be restrained by the various high-ups of the Traffic Police with firm hands.
(iii) The illegal gratifications for whole of the month, commonly known as "monthly", is received by the Traffic Police through the affixation of Stickers as well as through issuance of Cards containing the signatures of the "concerned person" with whose help the same are got issued. This can be avoided by surprise visits by the superior officers of the Traffic Police.
(iv) A direction has been issued that the passengers shall be checked before they board the vehicle i,e, bus, wagon etc. Etc. While the vehicle is on the road, the Local Police would stop the same for checking. Two or three persons are made to sit as fake passengers who are believed in their assertion of non-checking from the starting point while remaining all the passengers who may be 30 to 40 in number are disbelieved. The passengers are boarded off and the bus is taken to the Police Station after impounding the same causing inconvenience to the passengers. A contact may be made by the Deputy Inspector General of Police (Traffic) Punjab, Lahore with the Inspector- General of Police as well as the Deputy Inspector-Generals of Police of all Ranges in the Province of the Punjab so that this difficulty is controlled and overpowered in a salubrious manner. It is proper to express that even if the checking is to be made the passengers should not be made to face the difficulty of boarding off.
(v) The Constables of the Traffic Police do not check the public transport in the chowks and even traffic violations are prompted. Some Sub-Inspectors or Assistant Sub-Inspector of the Traffic Police stand hidden near a chowk for their prey who would come out immediately and would impound the vehicle(s). The Inspectors, Sub-Inspectors and Assistant Sub-Inspectors can play the positive role if they are directed to stand open in the chowks to supervise the duty of their respective subordinates for controlling the traffic rules violators.
(vi) In Lahore the wagons start from the starting point, but do not go upto the destination. In this regard specific complaint was made with respect to Route No,50. It has been expressed that this Route No,50 is from Shandara to Kot Lakhpat while the wagons drop the passengers at Bhati Gate, Lahore and do not go ahead; that from Shandara to Bhati Gate there is no Government office and that Kot Lakhpat is at a considerable distance from Bhati Gate, Lahore. It is desired that the owners/drivers of the wagons are directed to ply the vehicles from the starting point upto the destination and vice versa. In case of violation the route permit can be cancelled. It has been expressed by the members of the public that some of the Magistrates and the Police Officers are responsible fine the creation of this difficulty. I hope that the recently appointed Deputy Inspector General of Police (Traffic) Punjab Lahore shall be able to overpower and control this difficulty with iron hand.
(vii) From Shandara More till Shandara Town the buses are being run/plied without route permit. It shall be checked and the vehicles having the route permit shall be allowed to do the business.
(viii) In Batti Chowk, Lahore at present known as Niazi Shaheed Chowk, the transporters are facing maximum harassm ent at the hands of the Traffic Police. It has commonly been complained that from General Bus Stand to 'Yatim Khana' and Shandara via Batti Chowk/Niazi Shaheed Chowk Lahore the maximum corruption is a common scene and the buses of particular groups of transporters are afforded preference to the financial detriment of the other group(s) of transporters. It would be better to pay surprise visits to Batti Chowk/Niazi Shaheed Chowk in plain clothes by the superior Police Officers of traffic which would definitely bring positive results. Even the posting of some renowned honest Traffic Police Officer would be source of convenience to the general public as the general public travel in the buses, wagons.
(ix) It shall not be out of place to express that Motor Vehicle Ordinance, 1965 was enforced for the convenience of the public and the transporters. The violation of traffic laws must be checked and the law-breakers must be punished, but the passengers should not be made to face the ordeal who are made to board off to impound the buses on flimsy grounds and during these days of rush of traffic are unable to get the seat in any other bus/wagon running on the same route.
(x) The menace of overloading is on the increase for the last about half a decade and has gone to deep roots. The passengers, males and females, are enacted in the buses, wagons. Even the passengers are made to sit on the top roof of the bus, wagon which not only is dangerous and unsafe, the same is an ugly scene; against human dignity and respect and also violative of traffic laws. In this respect the female passengers are the more sufferers. I would express that even though greed is a curse there is no end to it and this aspect is responsible for the creation of this situation/menace. Such regular and frequent violations of traffic laws project the deep-rooted indiscipline .In the society. The golden motto of "Unity, Faith and Discipline" expounded by the Father of the Nation Quaid-e-Azam Muhammad Ali Jinnah (May God bless his soul) is being ignored by all of us especially the persons in authority. Some favourite transporters get the protection of the influential but dishonest officers of Traffic Police and the Executive Officers. The aforesaid type of transporters get the preference at the starting points in enjoying more time than others to pick the passengers; non-checking of their vehicles by the Traffic Police who intentionally ignore them and violating the pick and drop permission facility allowed by the Government by making the vehicles stop for considerable time at places not approved as Bus, Wagon Stops. No doubt Pakistan is a progressive country facing financial constraints, yet in the recent past there was no overloading in the buses and wagons and this aspect is enough to hold the view that with slow and steady efforts the passengers and transporters can be made to revert to the previous position when exception was taken by the Traffic Police as well as by the public, passengers with respect to the overloading.
After all the passengers paying the fare would not like to be treated like cattle and chattle. The passengers can be guided by the traffic police by not prompting the overloading and the fear of traffic laws can be infused and increased in the minds of the transporters by using this weapon. If the traffic police succeeds in removing this menace it would not be less than the hoisting of flag of their success in an open place.
(xi) I am tempted to refer to the working of the Traffic Police hardly a decade before when on Shahrah-e-Quaid-e-Azam, Lahore also known as The Mall and other important roads the Traffic Sergeants streamlined and regularised the traffic by constant shuttle patrolling the area on motor- cycles fitted with necessary apparatus. However, this has become a story of the past. They are provided the said facility even now but they are very seldom seen. They rather prefer to go to places like Batti Chowk/Niazi Shaheed Chowk regularly, of course, subject to allocation of territorial beats (area). If the Traffic Sergeants are made to restart the performance of duty like the magnanimous 'CHIPS', traffic blockades, constant use of pressure horns by wagons drivers, over- taking of the vehicles especially by wagon drivers from the left side and overloading can be checked, stopped and controlled. On the, Highway as well positive results can be achieved if the Motor Mobile Police Inspectors (MMPIs) re-start and accelerate their working through regular shuttle travelling and checking.
(xii) The traffic signals also require the personal attention of the high-ups of Traffic Police. The faulty traffic signals create traffic mess. The proper maintenance of traffic signals must be a regular feature to ensure the smooth flow of traffic. The traffic signals which are out of order resulting in traffic jams need to be repaired. The policemen deputed on duty should not keep them.Busy chatting on road side encouraging traffic rule violators. Thus, they can provide convenience and facility to the public near the traffic signals which are not working.
(xiii)As mentioned and directed in earlier order dated 22-4-1999 there must be allocation/specification of 'Silence Zones' in different important parts of big cities like Lahore, Rawalpindi, Multan, Faisalabad etc.Etc. And conspicuous boards must be installed there within two months. Within the territorial limits of 'Silence Zones' strict vigilance and check must be carried on where horns shall not be blown by the drivers of all type of vehicles.
(xiv) I am pointing towards a big problem of traffic flow to be faced in the near future. The Provincial Government is constructing the Bye-passes near busy roads of cities passing through the same to avoid traffic-jams. Huge budget has been spent and will be spent. However, on big chowks of the Bye-Passes the shops are being constructed and the menace of congestion and traffic blockade shall recur in the near future causing inconvenience to the public as smooth running of traffic shall be interrupted. If found proper and feasible the matter may be taken up with the National Highway Authority and Commissioners of the Divisions in the Province so that unauthorised and uncontrolled construction is stopped on the Bye-passes. The nation must see towards the future as well, while meeting the challenges of the present.
17. The Departmental Inquiry against Ghulam Mustafa A.S.-I. Traffic (under suspension) shall be completed within a short span of period.
18. At this stage I would express that the suo motu notice taken by this Court has brought the positive results. On the one side Aslam Pervaiz owner/driver of Bus No,LES-517 set at fire his bus due to the conduct of the Traffic Police and at the same time he was booked as an accused of case F.I.R. No,148 dated 20-4-1999 under section 427/435 of Pakistan Penal Code registered at Police Station Shafiqabad, Lahore who was arrested and whose physical remand was obtained. After this Court took the suo motu notice, Aslam Pervaiz driver was declared as innocent and was released on the same day i,e, 20-4-1999 and today it has been intimated that the Area Magistrate has cancelled the aforesaid F.I.R. Under section 169/173 of the Code of Criminal Procedure. I would record that the aforesaid Aslam Pervaiz must thank his stars as due to the suo motu notice taken by this Court he is able to save his skin. No doubt he could not withstand the pressure of Traffic Police, Lahore, yet he is out of the ordeal he had to face and at present stands saved and exonerated thereof.
19. May God give the courage to Mr. Muhammad Altaf Qamar D.S.P. Recently appointed Deputy Inspector-General of Police (Traffic) Punjab, Lahore to administer goods and provide convenience to the public at large. I wish him good-speed in his onward march.
20. A copy of this judgment shall be immediately sent by the office to the Deputy Inspector- General of Police (Traffic), Punjab Lahore.
21. This matter stands disposed of.