Overturned Order: SHC extends suspension of ban

The SHC extended its order suspending the ban on motorcycle riding. The case will be taken up within 10 days.


Naeem Sahoutara November 16, 2012

KARACHI:


A day after an irate Sindh High Court (SHC) suspended a contentious ban on motorcycles in Karachi, the court on Friday grilled the provincial home secretary and the police chief over the move.


“Had the government implemented upon the directives issued by the Supreme Court in the Karachi suo motu proceedings, then there would be no need to ban motorcycle use,” SHC Chief Justice Mushir Alam observed.

The SHC extended its order suspending the ban on motorcycle riding. The case will be taken up within 10 days.

On Thursday, Interior Minister Rehman Malik had announced a ban on motorcycle riding in Karachi and Quetta for Friday as part of security measures for Muharram. The SHC chief justice had suspended the ban while taking notice of an application moved by the SHC Bar Association President Anwar Mansoor Khan during the association’s annual dinner.

Sindh Advocate-General Abdul Fattah Malik was directed to inform the court about the rationale behind the move on Friday.

As the court took up the matter, Additional Chief Secretary Waseem Ahmed and Inspector General Police Fayyaz Leghari personally appeared at the hearing.

Malik informed the court that the home department withdrew its notification regarding the ban after the court’s orders.

“The court appreciates the gesture of the provincial government in realising the difficulty of the commuters of the city,” said Chief Justice Alam, who was heading the bench.

Secretary Ahmed explained that the decision of banning motorcycles was taken after examining in detail its implications and the fallout of such an order. “Since the city swaps with 1.5 million motorcycles and it is going beyond manageable limits, the decision was taken in the best interest of the masses and citizens to protect their life, liberty and property.”

The SHCBA president replied that the Motor Vehicles Act contained sufficient provisions to regulate pillion riding or carrying luggage on motorcycles beyond a given size and volume or weight. “This law can be effectively enforced to dispel any apprehension or threat instead of banning motorcycle riding,” he added.

The court allowed the ban on pillion riding to continue till effective steps were taken and all motorcycles in the city were not registered.

Secretary Ahmed said the law and order situation in the city was improving as the government had taken practical steps in light of the directives issued by the Supreme Court in the Karachi suo motu hearing.

The bench also ordered the secretary to ensure that the Motor Registration Wing of the Excise and Taxation Department issues registration number plates to all motorcycles within a minimum period of time.He was told to work out a timeframe for this in consultation with the Excise and Taxation Department, but that it should not take more than seven days.

The court also ordered that the registration wing at the Karachi Port Trust should not allow any vehicle to leave the port premises without it having been issued a valid registration number.

(Read: An absurd ban)

Published in The Express Tribune, November 17th, 2012. 

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