- Nazim submits that too many agencies control city
- Bench replies that it is not interested in internal friction and wants the common citizen’s problem solved
By AR Qureshi
KARACHI: The Supreme Court has ordered the city nazim to work with the traffic police and other civic agencies to remove all encroachments, illegal parking and blockades that are causing traffic jams in the city.
The SC bench of Justice Rana Bhagwandas and Justice Muhammad Nawaz Abbasi was holding a hearing in a suo motu action on August 13 when the city witnessed its worst ever traffic jam. Earlier, the judges heard the city nazim dwell at length on different problems the city faced. He submitted that traffic problems could not be solved in isolation and were connected to other ones of which drinking water was most significant. He said that 80 percent of citizens are deprived of clean drinking water and forced to consume dangerous water.
Only 34 percent of the city is controlled by the city government, he submitted, adding that in the last 18 months he had initiated a massive campaign against encroachments, which no one else had done for the last 59 years. Kamal said that he had done so by earning the opposition of his own vote bank.
Taking responsibility for the dug-up roads, he said that the CDGK has spent a record sum of Rs 170 million on water and sewerage pipes. I have no lust for power, he said, adding that Karachi is perhaps the only metropolitan city of the world where the police is not controlled by its mayor. I see police officials taking bribes but cannot suspend any of them, he added. The city government can maintain roads, design roundabouts and erect signals but cannot order the police, he said. [The Sindh police is answerable to the Sindh Home Advisor Waseem Akhtar, who is from Mustafa Kamal’s party – the Muttahida Qaumi Movement].
The bench observed that the question of control of various part of the city was not the concern; it wanted people to be saved from the traffic mess. To a query, Kamal said that the DIG Traffic had identified 55 trouble spots out of which 12 did not come under his jurisdiction and lie instead with SITE, the cantonment boards or the Civil Aviation Authority. Forty-four trouble spots come in the CDGK’s jurisdiction and remedial steps have been taken, he said, informing the bench that 24-hour control rooms have been set up with other agencies.
A member of the bench drew a comparison of Karachi past and present by saying that the city of Quaid-e-Azam had been “disfigured” and the movement of vehicles appears to be an uphill task. The bench also took notice of reports that goods carriers were stuck at entry points, especially the Northern Bypass, but that court orders were not to further aggravate the situation and shall not be used to create more trouble.
The bypass shall be used for the purposes for which it was built, the bench remarked, expressing concern over news that goods were stuck on it. The ban on the movement of heavy vehicles in the city during the day time shall be taken positively. The movement of milk vans, vegetable carriers, water tankers are not banned. To a complaint from the DIG Traffic that more and more vehicles were getting stuck, the court said that if necessary heavy traffic be allowed but it shall not be at the cost of other traffic. The court also warned against a misinterpretation of court orders.
The bench, unimpressed with the nazim’s aggressive submissions, directed, in an order, for all sorts of encroachments to be removed and all agencies to cooperate fully. The bench also hinted that it was aware of the fact that orders passed by the apex court in 1996 on environmental issues were not implemented by the governor and chief minister. The city government was not in place then and the Sindh government was responsible for the enforcement of the orders of the Supreme Court, the bench remarked, adding that another suo motu action could be taken.
Ronald Desouza and Amber Alibhai of NGO Shehri informed the court that the order referred to by the bench was passed in public interest litigation it initiated. They requested the court to constitute a commission which would analyze and then make submissions and suggestions on the transport problems. The bench brushed aside the idea saying that issue would then linger on for decades. Everything is crystal clear and the court will see that things improve in no time, the bench observed, asking the NGO representatives to educate people. Submit your proposals to the office, the bench said.
The bench also refused to entertain an application by some goods transporters and asked their counsel Prof Umar Farooq to submit them to the office. The bench said that it did appreciate the initiatives taken by CDGK but wanted concrete results.
Kamal once again raised the issue of too many agencies controlling the city. The bench reprimanded him. “The bench is concerned with relief to the common man,” it observed. ‘We are not here to hear about internal differences and friction between the government and its agencies,’ the bench said. ‘Solve your internal problems by yourself.’
The bench expressed dismay over the performance of the traffic police and said that since suo motu was taken, few officials were seen manning traffic signals. Previously traffic policemen were seldom seen at designated spots and instead were seen negotiating with drivers of heavy vehicles detained by them, the bench observed.
The bench also expressed displeasure over some irresponsible statements regarding the functioning of the apex court and of suo motu action. ‘We do not want publicity and such actions are taken when things are apparently beyond the control of the government,’ it observed. ‘It is the responsibility of the government to take care of such civic problems so that we need not feel obliged to intervene. We are aware of the statements by some officials attempting to scandalize the court,’ the bench noted, adding that it bothers the court that the lives of citizens are baldy affected by traffic jams. ‘If a person reaches office late, who is responsible? The basic human rights of citizens are jeopardized and the breakdown of civic life is due to the failure of the government and administration,’ the bench noted. A member of the bench said that ultimate responsibility lies with the government and it shall ensure the free flow of traffic in the city. No problem could be solved without the rule of law, the bench said.