1996 PLP 969 (MLD)

Writ Petition No.8738 of 1994, decided on 8th February 1995 ‑‑‑‑Rr.226 & 252‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Constitutional petition‑‑‑Petition for issuance of direction to Authorities to command members of law enforcement agencies not to allow drivers/transporters to use pressure horns in sensitive areas in Province of Punjab‑‑‑Counsel for Authorities had stated that he would not oppose prayer if drivers/transporters were stopped/restrained from using horns‑‑‑Intention of Rr.226 & 252, West Pakistan Motor Vehicles Rules, 1969 was to avoid accidents and look after the safety of public at large by using mechanism of horns at appropriate time‑‑‑Horns in vehicles, however, could not indiscriminately be used by owners or drivers of vehicles at their whim to cause inconvenience, disturbance or mental torture to people‑‑‑To that extent use of horn has to be curbed or banned in accordance with law by Competent Authority‑‑‑Authorities were, therefore, directed to see to it that effective measures were adopted/taken by the law enforcing agencies for restraining owners of vehicles to sound pressure horns in the Province and they should particularly adhere to the mandate given to them under the rules. Petitioner in person. Mian Abdul Sattar Najam, A.‑G., Punjab The petitioner, M.D. Tahir, Advocate, has instituted this petition under Article 199 of the Constitution of the Islamic' Republic of Pakistan, 1973, for issuance of a direction to the respondents to command members of the law enforcement agencies not to allow the Drivers/Transporters to use pressure horns in the sensitive areas in the Province of Punjab. On 31‑7‑1994, the respondents were directed to send reports and parawise comments. In compliance with the order, AIG/Legal, for L‑G. Punjab, Superintendent of Police, Hafizabad, Superintendent of Police, Okara,~S.P. Traffic, Lahore, S.P. Sheikhupura, S.P. Sahiwal, S.P. Sargodha, S.P. Khushab, S.P. Mianwali, S.P. Jhang, S.P. Toba Tek Singh, S.P. Sialkot, S.S.P. Faisalabad, S.P. Narowal, S.S.P. Multan. S.S.P. Guiranwala, S.S.P. Islamabad, S.P. Chakwal, S.P. Attock, S.P. Muzafargarh, S.S.P. Rawalpindi, and S.P. Khanewal, have sent their reports and comments. After receiving instructions from the respondents, learned Advocate‑General, Punjab has appeared to state that he does not oppose the prayer if the drivers/owners are stopped/restrained from using horns having been fixed in their vehicles. In view of the statement of the learned Advocate‑General, Punjab, there is no difficulty in allowing the relief asked for by the petitioner. The intent of rules 226 and 252 of Motor Vehicles Rules, 1969, appears to be to avoid accidents and look after the safety of the public at large by using the A mechanism of horns at the appropriate time. It; however, cannot indiscriminately be used by the owners or the drivers of the vehicles at their whims to cause inconvenience, disturbance or mental torture to the people. To that extent, it has to be curbed or banned in accordance with law by the competent authority. The respondents are, therefore, directed to see to it that effective measures/steps are adopted/taken by the law enforcement agencies for restraining the owners of l vehicles to sound pressure horns in the Province of Punjab. They shall particularly adhere to the mandate given to them under the above said rules. With these remarks, this petition succeeds and is allowed with no order as to costs Copies of this order shall be sent by the office to all the concerned functionaries. A.A./M‑2498/L Order accordingly.