"The affairs of provincial roads are to be controlled by the Sindh Transport Authority and, since, there is no proper mechanism of highway police or least [the] enforcement, which is resulting in causing a threat to otherwise guarantees ensured by the constitution to life and property. Hence the judicial propriety demands an intervention," observed the SHC in its order on Friday.
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The Hyderabad circuit bench comprising Justice Salahuddin Panhwar and Justice Fahim Ahmed Siddiqi, directed the Sindh chief secretary and secretary roads and transport to prepare the force. The court also ordered the government to set up a toll-free number to receive complaints from the people travelling on highways, adding that the number be given a wide publicity and affixed on all public transport vehicles.
"The aim to provide ease and comfort to public at large cannot be achieved unless the public is encouraged to report inconveniences or violations [of traffic regulations] while traveling on roads."
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Upon inquiry about the trauma centres on the highways, National Highway Authority (NHA) officials and Motorway police said that 13 such centres are established in the province. However, the officials conceded that none of them is functioning and for want of basic facilities.
"Providing buildings without facilities or non-functional centres are killing the very purpose for which these centres are made or facilities are meant," Justice Panhwar observed and directed The Sindh health secretary to submit a complete report with regard to the centres.
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The court expressed dismay over non-compliance on an order given earlier to the NHA and the motorway police for the deployment of at least four patrolling vehicles on the Jamshoro-Sehwan road, a 132 kilometre stretch off the Indus Highway that witnesses frequent fatal accidents. NHA chairperson and IG Motorways were given 10 days for implementation as the court warned of initiating contempt proceedings against the two without prior notice.
"We [SHC] may restrain them [NHA] from receiving toll tax on this road as the payment of toll brings the authority under an obligation to ensure safe journey. If NHA cannot assure safe journey then it would not be justified in claiming the fee," the bench said.
The NHA was also directed to install SOS phone facilities at reasonable distance on the highways.
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The judges observed that the delay on part of the federal government could not be cited as a pretext as avoiding casualties is also the responsibility of the Sindh police.
The hearing will resume on September 14.
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