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Official Citation: 2025 SHC 202
Court / Jurisdiction: Sindh High Court
Year of Decision: 2025
Decision Date: 2025-01-28
Parties: Saddam Hussain Sahito, Sheraz Mumtaz Rajpar vs Province of Sindh & Others
Ruling Summary: This decision was rendered by the Sindh High Court on 2025-01-28, officially reported as 2025 SHC 202. In this matter between Saddam Hussain Sahito, Sheraz Mumtaz Rajpar and Province of Sindh & Others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2025SHC202
Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon, Muhammad Abdur Rahman Title:Saddam Hussain Sahito, Sheraz Mumtaz Rajpar vs Province of Sindh &
Others Case No.:Constitutional Petition No. D-341 of 2021, Constitutional Petition No. D-817 of 2021 Date of Judgment:2025-01-28 Reported As: 2025 SHC 202 Result: Order Accordingly Judgment
ORDER Adnan-ul Karim Memon, Petitioners seek the following declarations and orders: A) To direct respondents No. 2 to 7 not to allow illegal public transport having no route permits to ply their vehicles on the Mehran Highway. B) To direct the respondents not to sanction a new route permit w any new person to ply the vehicle from Saeedabad to Khairpur. C) To direct respondents No. 9 to 14 to initiate legal proceedings against those transporters who are plying their vehicles on Mehran Highway without route permit and permission. D) To direct respondent No.1 to establish the first aid hospital as well as an ambulance on the Mehran Highway every 30 km. 2. These petitions are filed pro bono publico in the public interest. Petitioners' concerns are about Mehran Highway road accidents, highlighting the increased heavy traffic on Mehran Highway due to a shift from the main highway. Petitioners have averred that Mehran Highway, a single-lane road maintained by the Sindh government, is ill-equipped to handle the increased traffic, particularly heavy vehicles, and illegal public transport without a route permit, They added that this has led to frequent road accidents, loss of precious lives of the public at large, and injuries due to over-speeding, overcrowding, and lack of road safety measures. The petitioners allege that respondent traffic authorities, etc., have failed to control illegal public transport
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operating without route permits, even if they failed to prevent unhealthy competition among transporters; nd improve re d safety measures (e.g., wider roads, better maintenance, and emergency services). The petitioners fear that granting new route permits by the regional transport authority to the transporters to ply their vehicles on the subject road will worsen the situation including road accidents. The petitioners urge this court to prohibit illegal public transport on Mehran Highway and halt the issuance of new route permits for the Saeedabad to Khairpur routes, by taking legal action against operators without permits and ordering for establishment of first aid hospitals and ambulances every 30 km on the Mehran highway. 3. The DIG traffic Hyderabad has put his appearance and submitted that the traffic of District Khairpur has been handed over to SP Traffic Sukkur on 13.05.2024 with the traffic police force. He further submitted that the Mehran Highway starts from Saeedabad (District Matiari) to Khairpur near the Therhi bypass, covering a distance of about 103 km. The highway crosses through District Matiari, District Shaheed Benazirabad, and District Khairpur and on the way comes PS Saeedabad, PS Dour, PS Bandi, PS Bhaloo ja Quba, PS Taluka and PS Khadhar, PS Kot Laloo, PS Faiz Ganj, PS Pir Wasan, PS Setharja, PS Kumb, PS Kotdji, PS A-Section, PS B Section, PS Babarlo. He further submitted that he has issued strict directions to the SP Trafic Sukkur in charge of traffic police in Khairpur to take legal action against the violators and stop all kinds of heavy-loaded vehicles on Mehran Highway in compliance with the order of this court. 4. We have heard the learned counsel for the parties and perused the record with their assistance. 5. Essentially, the AAG/DIG Traffic Hyderabad emphasizes the need for better police enforcement through inter-agency cooperation to address the issue of illegal heavy traffic on Mehran Highway. The suggestions of learned AAG/DIG are crucial on the points that heavy traffic on Mehran Highway is illegal due to police inaction. He has proposed that there should be a liaison between SSPs of the concerned districts and Regional Transport Authorities. They also added that in each of the three entry points i.e. District Shaheed Benazirabad, Naushahro Feroze, and Khairpur, the SSPs concerned should collaborate with the Regional Transport Authority to enforce the ban on heavy traffic on the subject road. Besides a committee comprising senior police officers and RTA officials should be formed to supervise the ban's implementation. In the intervening period, the Motorway Police should prevent heavy traffic from entering Mehran Highway from the National Highway i.e. at key junctions Road i.e., Taluka Moro. Saeedabad, Qazi Ahmed, and Ranipur with transport authority representatives. They also suggested for implementation of moveable barriers, proper shoulders. lane markings, traffic signs, and guardrails. They added that till stakeholders to coordinate and implement safety measures to protect the precious lives and property of the public at large. They suggested tbr prohibition of intercity/interprovincial heavy vehicles from using Mehrtin Highway, with strict enforcement. Meanwhile, NHA is to install cameras at proposed checkpoints. NHA is required to install and maintain informative signboards with local police rotection. Additionally, the Provincial Highway Department to install speed breakers on link roads to discourage high-speed entry onto Mehran Highway. Overall, this plan aims to reduce the number of illegal heavy vehicles on the Mehran Highway, enhance road safety for all road users by minimizing the risks associated with heavy traffic, improve the overall traffic flow, and reduce congestion on the highway. By implementing these measures, the competent authority to address the critical issue of illegal heavy traffic on Mehran Highway and create a safer and more efficient transportation system in the region. The suggestions are crucial and need to be looked into by the Chief Secretary Sindh, Secretary Transport, and IGP Sindh to chalk out the strategy to introduce the policy on the subject issue and its implementation in time. 6. In view of the above facts and circumstances of the case, and suggestions so put forward by the respondents, these petitions are disposed of with direction to IGP Sindh to increase police
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enforcement to implement the suggestions. This includes collaboration between SSPs (Senior Superintendents of Police) and RTAs (Regional Transport Authorities) for coordinated enforcement efforts. Joint enforcement at entry points to the highway to prevent illegal entry of heavy vehicles. Formation of a supervisory committee to monitor and enforce the ban on heavy vehicles and inclusion of Motorway Police at key junctions to assist in traffic control and enforcement. Installation of cameras and signboards to monitor traffic flow and identify violators. Execution of moveable barriers to control traffic flow and prevent accidents. Construction of proper road shoulders and clear lane markings to enhance safety and traffic flow. Installation of appropriate traffic signs and guardrails to guide drivers and improve safety. A strict ban on intercity/interprovincial heavy vehicles on Mehran Highway, except for those with necessary route permits subject to law. Installation of speed breakers on link roads to discourage high-speed entry onto the Mehran highway. SSPs of Khairpur, Shaheed Benazirabad, and Naushehro Feroze are directly responsible for enforcing the ban and will face consequences for violations if reported to this court. Possibility of facing contempt proceedings for SSPs, who fail to enforce the ban. The IG Motorway Police is also directed to instruct Motorway Police personnel of the concerned area to prevent heavy vehicles from entering Mehran Highway from the specified entry points, subject to law. Let a copy of this order be transmitted to the Chief Secretary Sindh, Secretary Transport, IGP Sindh and SSP District Matiari, Shaheed Benazirabad, Naushero Feroz and Khairpur for compliance.
MOHAMMAD ABDUR RAHMAN,J: I have had the honour of reading the order passed by my learned brother Adnan ul Karim Memon, J, and while I am in agreement with him regarding the directions to be given to Province of Sindh, considering the importance of the issue that has been raised in this Petition, I thought it expedient to add my own opinion in this order. 2. This Petition has been maintained, under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 seeking the following relief: (a). That this Honourable Court may kindly direct the respondents No.2 to 7 not to allow the illegal public transport having no rout permits to ply their vehicles on the Mehran Highway. (b). That this Honourable court may kindly be pleased to direct the Respondents not to sanction a new route permit to any new person to ply the vehicle from Saeedabad to Khairpur. (c). That this Honourable court may kindly be pleased to direct the Respondents No.9 to 14 to initiate a legal proceedings against those transporters who are plying their vehicles on Mehran Highway without route permit and permission. (d). That this Honourable court may kindly be pleased to direct the Respondent No.1 to establish the first aid hospital as well as ambulances on the Mehran Highway after every 30 KMS. (e) That this Honorable Court may be pleased to grant any other equitable relief which has not been specifically prayed for which this Honourable Court deems fit and proper in the circumstances of the above case." 2. The Petitioner entered appearance and stated that he is a resident of Ahmedabad Colony Moro, District Naushero Feroz and through which the Mehran Highway passed. While contending that the Mehran Highway is a single road and which is badly maintained on account of heavy traffic including water tankers, petrol tankers and tractors using the highway, various issues were identified as under: Tractors and heavy water and petrol tankers etc. also uses Mehran Highway each of these are not properly regulated by the concerned Police and which lead the injury and accidents of many person.
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it) Thal the Government of Sindh is under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 mandated to ensure that proper regulation of such services is made and in the eventuality of an incklent occur to provide inliyistructural support in terms of emerge nq services in hospital so that lives are not lost " 3. The Senior Superintendent of Police Khairpur has filed his response and which reads as under: 1. Senior Superintendent of Police District, Khairpur, being cited as respondent No. 11. do hereby respectfully and humbly pray before this Hon'ble Court and submit a detailed comprehensive progress report in respect of subject instant applications as follows for favour of kind perusal and sympathetic consideration, please. 2. That, the undersigned took over the charge as SSP Khairpur on 16-03-2024, as per Notification of IGP Sindh/Secretary to Government of Sindh Police Department, Karachi vide No. 2739-48/E- 1/Karachi dated 15-03-2024. 3. That in compliance of the order dated 15-05-2024 passed by this Hon'able Court received through the Addl: Advocate General Sindh of this Hon'able Court vide letter No. Addl.AG/- 685 dated 16-05-2024, the detailed progress report showing efforts taken by the undersigned as well as local police is submitted as follows. 4. That, in order to implementation of ban on plying of heavy vehicles on Mehran Highway the undersigned issued strict directions to DSP/SDPO Mirwah being head of Special Team as well as members SHOs PS Ranipur, Mirwah, Setharja, Pirwassan & Kumb being members to implement ban on heavy vehicles which are plying on road with the assistance of relevant District Authorities R.T.A as well as National Highway and Motorway Police and take necessary legal action in accordance with law as well as comply the further orders of this Hon'ble Court consisted upon the below seven suggested points. i. Establish Police pickets at Rohri Canal bridge, West side of PS Ranipur, Nangreja Chowk within the jurisdiction of PS Kumb and Munghi Nako with the jurisdiction of PS Kot Laloo of District Khairpur. ii. The local police have arranged moveable barriers on Mehran National Highway road in order to block and stop the heavy vehicles plying on the road. iii. SHOs of Police Stations Faiz Ganj. Kot Laloo, Kumb and Ranipur are personally checking and restraining the heavy vehicles plying on M.N. H. Way road with the assistance of R.TA Kitaaptir and other stake holders including Trollic Sergeants. iv. ilemy commercial vehicles are not he ing allowed to operate Mehra', HAVay rood If anyone violates the rules, necessary CW11011 is initiated against the delinquents in a shape of challan according to traffic rules. v. So jar as matter ofinstallathm of COT Outten' is concerned, it pertains to N.11 A. vi, The concerned SHOs have been directed to protect the informatory sign boards installed by N H.A. vii. So far as matter of fixation of speed breakers on the surface of all link roads, it pertains to N.H.Way. However, the undersigned has directed to the concerned SHOs to arrange movable barriers/breakers in order to stop such kind of vehicles and its compliance. 5. Moreover, following temporary police pickets have been established at entry points of District, Khairpur in order to stop heavy vehicles to lead from National Highway to Make National Highway in order to avoid accidents on the roads. 1. Therhi Police Picket within the jurisdiction of PS Baberloi 2. Shah Hussain within the jurisdiction of PS B-Section 3. Rohri Canal Bridge within the jurisdiction of PS Ranipur 4. Nangreja Chowk within the jurisdiction of PS Kumb 5. Mungia Nako within the jurisdiction of PS Kot Laloo
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6. Furthermore, temporary camera has been installed at the entry & exit point of Therhi picket and the rest installation of cameras are underway in order to control the heavy traffic which leads from National Highway to Mehran National Highway. 7. That, the undersigned has called a detailed progress report from DSP/SDPO Mirwah being head of Joint Special Team, who has reported that he alongwith other team members during exercise of checking with the co-ordination of Secretary Transport Authority District Khairpur (RTA), the local police initiated meaningful crackdown against the heavy traffic on Mehran Highway Road, impounded vehicles u/s 115-Motor Vehicle Ordinance-1965 & Rules 1969 & challaned the vehicles by imposing fine. Such progress report is submitted as follows. Besides, such pictures of diverted heavy vehicles till to date are also annexed herewith for favour of kind perusal and ready reference. (Pictures of diverted heavy vehicles are annexed herewith for kind perusal). S.N 0No. of heavy vehicles were diverted No. of vehicle impounded under section 115-Motor Vehicle Ordinance-1965No of heavy vehicles challanedFine imposed 01 2244 110 605 Rs. 2,80,800
It is thither prayed before this Hon'able Court that, the undersigned is personally supervising this task and issued strict directions to DSP/SDO Mirwah being head of the Team as well as members SHOs PS Ranipur, Kumb, Kotdiji, Pir wassan and Setharja to take all possible efforts in order to completely stop the heavy vehicles playing on Mehran National Highway road in the best interest of safety of the general public. It is pertinent to mention here that the undersigned proceeded to Karachi in order to attend the Hon' ble Commission of Enquiry in missing person cases of Hafiz Khan Mohammad Chang and Mohammad Ayoub Kandhro. Hence. DSP/SDPO Kotdiji and DSP Legal, Khairpur as well as all concerned SHOs are hereby directed to attend this Hon'ble Court. (Copy of notice is annexed herewith for favour of kind perusal and ready reference). Humbly submitted before this Hon'ble Court for favour of kind perusal" 4. The Transport & Mass Transit Department, Government of Sindh has also filed its comments stating as under: 1. Para needs no comments as it is an introducing para of the petitioner. 2. The answering respondents has not granted permits for operation of Heavy Vehicular Traffic of intercity or interprovincial routes to operate on Mehran Highway except the classified routes relating to Mehran Highway i.e Larkana Benazirabad Sukkur Karachi. Benazirabad and Thari Mirwah The answering respondents through public notices dated: 22.10.2020 and 22.10.2022 warned the transporters / operators of all vehicles not to use bypasses/link roads such as Indus Highway (N55), Mehran Highway etc. except in accordance with route permits and strictly complying with Motor Vehicle Laws and following lawful instructions for the safety of human lives as.follows:- I Ensure availability of Emergency Exit Gate. ii. Fire Fighting equipment and First Ahl Box shall be carried on the vehicle at all lime. Drivers employed on the vehicle shall he qualified drivers holding HD/ License. iv. If the journey is more than or 322 Kilometers two qualified drivers (HTV) License holders will he carried on board to drive the vehicle turn by turn. V All transporters / operators must strictly prevail upon capacity building of their drivers as to remain mentally alert and to strictly follow the traffic rules and regulations including the conditions of the route permits. They are to drive the vehicles as per prescribed limit and comply the Rule 99 of the MVR 1969 and avoid committing offences such as Over loading, sharp cutting, wrong overtaking reckless driving and breaching "One Way" imposition.
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vi. Operate the vehicles with valid documents and only on the classified / permitted routes in accordance with the route permits. Inter-city vehicles / School & College vehicles shall not install CNG/LPG Cylinders. Copies of public notices are annexed as Annexures-"A", "B" and "C". 3. The Law enforcement agencies i.e. Traffic Police, National Highways & Motorway Police are to take strict action against the violators operating vehicles without or in violation of route permits and other documents of the vehicles. Further, the transport authorities (answering respondents) same also requested Law enforcement agencies time to time to initiate strict action against the violators. Copies of letters to LG. Sindh, I.G. National Highway & Motorway Police, Works & Services Departments and SSP Shaheed Benazir Abad are annexed as Annexure-"D". 4. The Mehran Highway locally known as Nawabshah - Dour Kot Lalu etc. is maintained by the provincial Government and passing through rural areas which is 131 Kilometers single track road. 5. Para relates to enforcement agencies to control the speed limits. It is incorrect to suggest that there is no mechanism to control the violation of route. However, further efforts are needed to restrict the illegal diversion of Heavy Commercial Vehicles to Mehran Highway. 6. The answering respondents through public notices directed / cautioned the operators to drive the vehicles as per prescribed limit and comply the Rule 99 of the MVR 1969 and avoid committing offences such as Over loading. sharp cutting, wrong overtaking reckless driving and breaching "One Way" imposition. The law enforcement agencies are to take strict action against the operators/drivers who are operating vehicles in excess of permissible speeds limits. The Law Enforcement agencies will have to take stern action against the violators who are operating their vehicles without route permits or in violation of the Motor Vehicle Laws. Further, the answering respondents' suggests the 1bllowing remedial measures to control Ow operation of heavy vehicular traffic on Mehran 1 lighwov to reduce number of accidents: (1) Joint check posts of Local Police & Motorway Police shall be established at Junction of Road i.e. Teen More District Jamshoro Saeedabad Qaziahmed Ranipur. The representative of transport authorities will accompany the Police Officials twice in a week.(2) Moveable barriers, construction, shoulders where needed, lane marking, installation of traffic signs and guard rails by the NHA can significally improve the existing condition. (3) Collective and coordinated strategy by all the stake holders/relevant departments in taking all possible safety measures in public interest to safeguard the lives and properties of the people. (4) Heavy Commercial vehicles pertaining to Intercity -Inter Provincial routes shall not be allowed to operate on Mehran Highway, in case of violating rules, strict legal action shall be taken. (5) CCTV Cameras shall be installed by NHA at proposed check posts leading Mehran Highway. (6) Informatory sign boards shall be installed by NHA at highlighted points and shall be protected by Local Police at the above points. (7) Provincial Highway Department may be directed to fix/make speed breakers on the surface of all link roads facing towards Mehran Highway in order to restrain their direct excess. 7. As replied in paras-2 and 6 above, it is submitted that Transport & Mass Transit Department / Transport Authorities has taken efforts within their resources to restrict the operations of vehicles without route permits or in violation of route permit. 8. As submitted in paras 2 and 6 above. 9. Denied, as submitted paras-2 & 6 above. 10. The Provincial & District Regional Transport Authorities have not issued route permits to the buses and coaches of intercity & inter-provincial routes on the instant route (Mehran Highway) except the already classified routes: viz Karachi to Bozdar, Larkana to Nawabshah, Thari Mirwah to Hub Chowki etc Copies of route permits are attached (Copies of Certificate Annexure-"E") The Provincial Transport Authority is not entenaining liar .fildher Proposals of route permits on itlehran Highway.
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11. The kilts and Pictures of the accidents annexed by the petitioner with the petition are angry, poignant. Scifigy of passengers/peoples is the prince duty qf slate, ilk' Trqllic, Operational Police, National Motorway Police shall take measures to ensure that no vehicle shall operate without route permit and no operahr shall operate vehicle in excess of permissible limits on all highways fbr the sillily of human lives, 12. As replied in Para-10 above. 13. As replied above apras, besides Establishment of Trauma Center pertains to HealthDepartment for which this department has sent proposal. (Annexure-F). 14. Para relates to Respondent Nos.9 to 14 who are in a better position to reply. 15. No comment. 16. No comments. PRAYER It is prayed that this Honourable Court may be pleased to direct all the concerned department's / Stockholders for forming a collective and coordinated strategy in taking all possible safety measures to avoid irreparable loss of human lives. Establishment of joint check posts by the Motorways and District Police with deployment of force and snap road checking's will play an important role in compelling drivers to follow the Law on Highways in true spirit." 5. The Transport & Mass Transit Department has suggested following measures to better ensure safety of the public. (1) Joint check posts of Local Police & Motorway Police shall be established at Junction of Road i.e. Teen More District Jamshoro Saeedabad Qaziahmed Ranipur. The representative of transport authorities will accompany the Police Officials twice in a week (2) Moveable barriers, construction, shoulders where needed, lane marking, installation of traffic signs and guard rails by the NHA can significally improve the existing condition. (3) Collective and coordinated strategy by all the stake holders/relevant departments in taking all possible safety measures in public interest to safeguard the lives and properties of the people. (4) Heavy Commercial vehicles pertaining to Intercity Inter Provincial routes shall not be allowed to operate on Mehran Highway, in case of violating rules, strict legal action shall be taken. (5) CCTV Cameras shall be installed by NHA at proposed check posts leading Mehran Highway. (6) Informatory sign hoards shall be installed by Mil at highlighted points and shall be protected by Local Police at the above points. (7) Provincial Highway Department may be directed to fix/make speed breakers on the stalace of all link roads facing towards Mehran Highway in order to restrain their direct excess. " 6. The Government of Sindh had on 29 February 2024 filed a compliance report which reads as under: ".....It is respectfully submitted, that in view of order passed by this Honourable Court on 11.10.2023, the office of Addl. Advocate General Sindh at Sukkur convened a joint meeting with regard to a collective and comprehensive plan, which was needed to ensure full implementation of ban on plying of heavy vehicles on Mehran Highway. The meeting was held on 02.11,2023 and the following 16 participants attended the same; S. NO.Name ofparticipant Designation 1. Shaft Muhammad Chandio Addl. Advocate General Sindh 2. Dr. Muhammad Amir AnsariAddl. Commissioner-I, Sukkur Division 3.…
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