The Sindh High Court on Wednesday directed the provincial law officer to ensure that bills related to establishment of the Sindh CNG Kit Cylinder Fitness Authority and amendments in the Provincial Motor Vehicles (Amendment) Ordinance be placed before the cabinet for further proceedings within 15 days.
The direction came on petitions filed by Muzamil Mumtaz Meo and Tariq Mansoor who approached the SHC for the issuance of directives against the use of CNG kits and cylinders in public transport and school vans. They also sought from the court action against some police officials for allegedly demanding bribe from a rickshaw driver who died after setting himself on fire in protest.
On the other hand, the All Pakistan CNG Association and others have challenged the government’s ban on the use of CNG in intercity buses, and school and college transport vehicles.
The Sindh additional advocate general submitted before the court a copy of summary for the cabinet’s approval of draft bills for the establishment of the Sindh CNG Kit Cylinders Fitness Authority and amendments in the Provincial Motor Vehicles (Amendment) Ordinance 1965.
He stated that these two draft bills were vetted by the law department and submitted to the Sindh chief minister who had also approved them.
The high court’s division bench, headed by Justice Mohammad Ali Mazhar, observed that Section 4 of the proposed bill related to the establishment of the Sindh CNG Kit Cylinders Fitness Authority and Section 25 germane to the powers to make rules for carrying out the purposes of the Act.
The petitioner’s counsel, Syed Shayan Ahmed, stated that they had prepared an alternative plan and also provided a copy of their plan to the provincial law officer. Petitioner Tariq Mansoor also submitted his statement. He said some necessary provisions were to be incorporated in the intended legislation.
The court observed that once the Act was promulgated, the rule making powers were also built in and when rules would be framed, the proposal and suggestions, if any, would also be considered by the law making authority to make viable implementation of the Act.
The provincial law officer submitted that both the draft bills would be placed before the cabinet for approval in the next cabinet meeting. The court directed the provincial law officer to make sure that draft bills be placed before the cabinet for further proceedings within 15 days. The court also ordered the law officer to submit a compliance report by December 20.
In the previous hearing, the SHC had directed the provincial government to apprise the court of steps being taken for formulation of law with regard to clearing and testing of the fitness of CNG kits and cylinders for public and private vehicles.
The court had observed that the Supreme Court had already given directions with regard to CNG cylinders and public service vehicles. The court had said a mechanism had been laid down but unfortunately it had not been properly implemented.
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