2007 PLP 530 (CLC)

A statement has been tiled by the D.I.-G. of Police (Traffic) detailing the efforts of the traffic police in curbing the menace of smoke and noise emitting vehicles on the roads of the City of Karachi. Additionally, it has been submitted that the Environment Protection Agency Government of Sindh, is not taking any effective measures under the law. Consequently, it has been prayed that the said Agency he directed to do the needful by starting a campaign pollution against and imposing fines, etc. Similarly, a letter has been filed by Muhammad Shoaib Ahmed Siddiqui, Director, Motor Vehicle Registration, Excise and Taxation, Karachi, that under section 23 of the Motor Vehicle Ordinance, 1965, no person can drive any motor vehicle without it being registered and punishments are provided under section 115 (ibid). It has, therefore, been prayed that the Traffic Police should be directed to take action against the motor vehicles which are driven without any number plate, registration, etc. Learned Additional Advocate-General submitted that at the moment proposed amendments in the Motor Vehicle Ordinance, 1965, are before the Chief Minister, Sindh, whereby no new registration of two stroke vehicles shall be allowed with immediate effect. We have heard the learned Additional Advocate-General, D.I.-G. of Police, Traffic is well as the Director, Motor Vehicle Registration, Karachi. This petition was filed in the year 2004 with the prayers that directions be issued to the respondents for taking immediate action against noise/smoke pollution caused by vehicles in the City as well as removal of illegal bus-stands etc. Thereafter from time to time the respondents have appeared before this Court and also filed their comments with regard to the efforts being made by them in order to address these issues. However, so far no progress has been made vis-a-vis the same. In our opinion, the right to enjoy an unpolluted atmosphere and breathe clean air is a fundamental, right of every citizen of this country wherever he may be and is guaranteed by the Constitution under Article 9 thereof, being a right to life. In the case of Shehla Zia's case PLD 1994 SC 963 the word "life" occurring in Article 9 of the Constitution has been interpreted by the Honourable Supreme Court to mean the right to live in a clean atmosphere, a right to live where all fundamental rights are guaranteed, a right to have rule of law, a right to have clean and incomputable administration to govern the country and a right to have protection from encroachment on privacy and liberty. We would, therefore, direct the D.I.-G. of Police (Traffic) to ensure that no smoke emitting vehicle or one causing noise pollution should ply in the City of Karachi after three months from today. Similarly we would also direct him to take action against those vehicles which do not have any number plates in accordance with section 115 of the Motor Vehicle Ordinance, 1965. D.I.-G. of Police (Traffic) shall have full authority to impound any vehicle/rickshaw which is seen to ply in the city of Karachi while emitting smoke and noise after the aforementioned- period has lapsed. To come up after three months. A copy of this order shall be sent to the Director-General Environmental Protection Agency Government of Sindh, Karachi for information and implementation. H.B.T./I-2/K Petition allowed.