HYDERABAD, April 15: The Sindh High Court, Hyderabad circuit bench, here on Friday directed the secretary of Regional Transport Authority to issue orders for installing fare meters in motor rickshaws in the city under provisions of section 53 of the Motor Vehicle Ordinance 1965 read with section 124 of the Motor Vehicle Rules, 1969.

The court also directed the Motor Vehicle Inspector to ensure compliance of orders and to check that no rickshaw is allowed to ply in Hyderabad district, and in the first phase, in the premises of city until it is fitted with fare meters, silencers and is smoke-free. The DPO was also directed to supervise and ensure compliance with the directives.

The court ordered that all above officers would submit compliance report by May 15.

The bench comprising Mr Justice Mujeebullah Siddiqui and Mr Justice Mohammad Moosa K.Leghari passed the order on public interest litigation, filed by Abdul Bari, a resident of the city.

He submitted that on January 22, 2005 he was travelling in a rickshaw between Doctors Colony in Hirabad to the session court, Hyderabad, and the rickshaw driver demanded Rs50 for a distance of about two kilometres. In spite of petitioner’s insistence, the rickshaw driver did not give concession and other rickshaw drivers also gathered and they all supported the driver.

Petitioner’s counsel Zahoor A. Baloch argued that if meter was fitted in rickshaw such exorbitant fare could not have been charged but this illegal practice has become a daily routine for general public in the city.

He said that around 10,000 to 15,000 rickshaws were plying in the city but none of them had meters. He prayed the court to direct the MVI to ensure that meters were fitted on rickshaws and they should be issued route permit and fitness certificate only after they installed the meters.

He said that the respondents be directed to take action saying that in the absence of silencers, people were facing noise pollution which was harmful to their physical and psychological health as smoke-emitting rickshaws were not in proper condition and polluting the area.

Additional AG Sindh ,Masood A.Noorani, did not oppose the petitioner’s counsel while the DIG police (motor vehicle/traffic), Karachi, said that DPO and RPO were responsible to check such motor cab/ rickshaws plying on roads with fare meters and to take legal action, to prosecute and challan them in the courts.

He said that necessary directives had already been issued to all MVIs not to issue fitness certificates to any rickshaw unless fitted with fare meters. He pointed out to comments, filed by the MVI according to which under rule 125 of Motor Vehicle Rules 1969, the MVI was responsible to check meters if reported to be defective.

The DIG said that petitioner had adequate legal remedy available if he had noted registration number of the said motor rickshaw and complained against driver to local or traffic police but he failed to do so. Thus, he could not invoke jurisdiction of the house and petition be dismissed, the DIG maintained.

He submitted that it was the RTA which was required to pass necessary orders for fitting fare meters. He also pointed out to the comments filed by the District Coordination Officer (DCO), Hyderabad, to the effect that MVI, who was working under the administrative control of DPO, was responsible to ensure that fitness of rickshaws and availability of the fare meter in rickshaws.

The MVI, Saeed Ahmed Shah, in his comments, said that under rule 125 of MVO, he had authority to check meters if reported to be defective and it was the RTA which had to ensure that a taxi be fitted with taxi meter under rule 124 of Motor Vehicle Rules, 1969. The court fixed the matter for May 18.