Bangladesh -- Farooque v. Government of Bangladesh WP 300 of 1995 (2002.03) (Vehicle Pollution Case: Application for Directions re: Fuel Quality, Catalytic Converters, Inspection Center and Horns)

IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (SPECIAL ORIGINAL JURISDICTION)

IN THE MATTER OF: WRIT PETITION NO. 300 OF 1995 IN THE MATTER OF:
Bangladesh Environmental Lawyers Association (BELA) being represented by its Acting Secretary General, Mirza Hossain Haider of House # 9, Road # 8, Dhanmondi Residential Area, P.S. Dhanmondi, Dhaka.......Petitioner.

-Versus-

1. Bangladesh, represented by the Secretary, Ministry of Communication, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat, P.S. Ramna, Dhaka.

2. The Chairman, Bangladesh Road Transport Authority, Allen Bari, Old Airport Road, P. S. Tejgaon, Dhaka.

3. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Govt. of the People’s Republic of Bangladesh, Bangladesh Secretariat, P. S. Ramna, Dhaka.

4. The Commissioner, Dhaka Metropolitan Police, 27, Park Avenue, P.S. Ramna, Dhaka.

5. Bangladesh, represented by the Secretary, Ministry of Environment and Forest, Govt. of the People’s Republic of Bangladesh, Bangladesh Secretariat, P.S. Ramna, Dhaka.

6. The Director General, Department of Environment, House No. 2, Road No. 16, Dhanmondi R/A, P. S. Dhanmondi, Dhaka.

7. The Dhaka City Corporation, represented by its Mayor, Nagar Bhaban, P.S. Ramna, Dhaka.

8. Bangladesh, represented by the Secretary, Ministry of Health & Family Welfare, Govt. of the People’s Republic of Bangladesh, Bangladesh Secretariat, P.S. Ramna, Dhaka.

9. Bangladesh, represented by the Secretary, Ministry of Commerce, Govt. of the People’s Republic of Bangladesh, Bangladesh Secretariat, P S. Ramna, Dhaka.

10. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources, Govt. of the People’s Republic of Bangladesh, Bangladesh Secretariat, P.S. Ramna, Dhaka.

11. The Bangladesh Petroleum Corporation, represented by its Chairman, 1/D Agrabad C/A, Chittagong.

12. Bangladesh, represented by the Secretary, Ministry of Industries, Bangladesh Secretariat, P.S. Ramna, Dhaka.

13. The Bangladesh Standards and Testing Institute, represented by its Director General, 116/A Tejgaon Industrial Area, P.S. Tejgaon, Dhaka.
......Respondents.

IN THE MATTER OF:
An application for direction To Mr. Justice Mahmudul Amin Chowdhury, the Chief Justice of Bangladesh and his companion Justices of the said Hon’ble Court.
The humble petition of the Petitioner above named most respectfully -

S H E W E T H:

I, Mirza Hossain Haider, son of Late Mirza Ashrafuddin Haider, aged about 47 years of House No. 9, Road No. 8, Dhanmondi Residential Area, P.S. Dhanmondi, Dhaka, by faith Muslim, by profession Lawyer, by nationality Bangladeshi, do hereby solemnly affirm and say as follows:

1. That I am the Acting Secretary General of Bangladesh Environmental Lawyers Association (hereinafter referred to as BELA) and has been duly authorised by a resolution of the Executive Committee of BELA dated 16 November’97 to represent BELA and swear affidavit on its behalf, and as such I am acquainted with the facts and circumstances of the case and competent to swear this affidavit.

2. That on 14 March, 1995 the above Writ Petition was filed by Dr. Mohiuddin Farooque, founder Secretary General of BELA, before this Hon’ble Court against environmental pollution created by motor vehicles through emission of hazardous smoke and use of prohibited pneumatic horn.

3. That in the above mentioned Writ Petition, the Petitioner prayed for the followings reliefs amongst others: (a) Issue a Rule Nisi asking the Respondents to show cause as to why they should not be directed to do the followings:

i) take all adequate and effective measures to check pollution caused due to the emissions of hazardous smokes from motor vehicles and the use of audible signalling devices giving unduly harsh, shrill, loud or alarming noise; ii) ensure that the exemption of Motor Cycles from the requirement of certificate of fitness under the Motor Vehicle Ordinance, 1983 be withdrawn immediately; iii) adopt and install appropriate technology for providing correct certificate of fitness; iv) set Bangladesh Standard for petroleum ensuring the reduction and removal of toxic and hazardous constituents from the same; v) provide lead free and un adulterated petroleum to all the petroleum filling stations within the Dhaka City; vi) require all the imported motor vehicles to be fitted with catalytic converters.

4. That on 29 March, 1995 this Hon'ble Court was pleased to issue the following Order:

“a Rule Nisi calling upon the Respondent No. 2 the Chairman, Bangladesh Road Transport Authority, and Respondent No. 4, the Commissioner, Dhaka Metropolitan Police to show cause as to why they should not be directed to take effective measures as provided in Motor Vehicles Ordinance, 1983 to check pollution caused due to the emissions of hazardous smokes from motor vehicles and the use of audible signalling devices which are unduly harsh, shrill, loud or alarming noise or such other order or further order or orders passed as to this court may deem fit and proper.”

5. That while the above Writ Petition was moved, Rule Nisi was issued only upon the Respondent Nos. 2 and 4 but due to the failure of the Petitioner to satisfy the Hon’ble Court no show cause at that stage was issued upon the Respondent No. 6 i.e. the Director General of the Department of Environment. Subsequently, after the issuance of the aforesaid Rule, the Bangladesh Environment Conservation Act, 1995 (Act No. I of 1995) was enacted by the Parliament and the said Act empowered the Director General of the Department of Environment (Respondent No. 6) to take all measures necessary to combat and arrest all kind of pollution. The said Act came into force throughout Bangladesh by June, 1995.

6. That with the given change in the legal framework it became necessary that a Rule Nisi be issued upon the Respondent No. 6 for making the Rule issued on 29 March, 1995 by this Hon’ble Court efficacious and the Petitioner accordingly filed an application on 09 January, 1997 praying for a Rule Nisi upon the said Respondent No. 6 and the Hon’ble Court on 27 January, 1997 was pleased to issue Rule Nisi upon the said Respondent. The notices were duly served upon all the Respondents but none of the Respondents appeared before this Hon’ble Court.

7. That pending the above Writ Petition, Dr. Mohiuddin Farooque, the founder Secretary General of BELA, passed away and with kind leave of the Hon’ble Court, the name of the present Petitioner was allowed to be substituted in place of the name of late Dr. Mohiuddin Farooque to represent BELA.

8. That pending the Rule certain facts and matters have taken place which have rendered it necessary to file this application for appropriate direction from this Hon'ble Court for ends of justice and greater public interest to mitigate the severity of vehicular pollution.

9. That the Respondents, being fully aware of the seriousness of the subject matter and nature of the case and the Rule, failed to take adequate measures till date to check pollution caused by emission of hazardous smokes from motor vehicles and the indiscriminate use of audible signalling devices creating loud and alarming noise. Such inaction on the part of the Respondents continued on the face of their own findings as to the harmful effect of the pollution on public health and tantamount to disregard to the existing laws and the Rules issued by this Hon'ble Court. The leniency and failure of the law implementing agencies in protecting public health added to the sufferings of the city dwellers who on various occasion expressed their opinions and frustrations and the same were duly published in various media including newspapers. Copies of appeals and concerns as expressed by the city dwellers and published in the different daily newspapers/weeklies urging immediate measures against the alarming state of air pollution caused from vehicles are annexed hereto and marked as Annexure- " X-1 " series.

10. That despite such appeals from the city dwellers, the level of pollution as caused by the vehicles reached a higher and alarming state putting direct threat to the constitutional right to life and safety, comfort and health of the city dwellers. The health impact of such pollution to the air even frightened the professional community of the medical practitioners and the members of the community, in an unprecedented manner, recorded various efforts demanding immediate policy intervention and actions from the Government to prevent the same. In their bid of the effort, the medical practitioners of Bangladesh Shishu Hospital presented an alarming picture in a booklet as to how lead, a contaminating metal being spread to the air through emission from vehicles, is affecting the central nervous system of the children and jeopardising their mental and physical growth. The findings of the medical practitioners of Bangladesh Shishu Hospital have been published in a booklet under the title “Destroying Our Children’s Brains with Lead Pollution” that disclosed that Bangladesh topped the list of the States with highest lead contamination and also depicted in details the ill-effect of such contamination. The said booklet also demanded the adoption of catalytic converters in all automobiles immediately.

Photocopies of the relevant parts of the booklet titled “Destroying Our Children’s Brains with Lead Pollution” is being annexed herewith and marked as Annexure “X-2”.

11. That the agitation of the general people including the professional community and the civil society against such deteriorating state of air pollution forced the respondents/statutory authorities to spell out definite measures to be taken against such pollution, although subsequent inaction on their part resulted in the failure to implement the suggested measures. As a result, the city dwellers are yet to be freed from the curse of air pollution, both in the form of smoke emission and noise, for which a kind and proper intervention from this Hon’ble Court is urgently required.

12. That the ever-deteriorating condition of the pollution-state of air in the City was admitted on several occasions by the Respondents in various documents published from their respective offices. Considering the prevailing state of pollution, the Second Meeting of the National Environment Committee held on 04-05-97 being presided over by the Hon’ble Prime Minister, included the pollution caused by the hazardous emission from motor vehicles as the first agenda for discussion. In the said meeting the Respondent No. 5, the Ministry of Environment and Forest, expressed its seriousness that the pollution in the four metropolitan cities including Dhaka as caused by the motor vehicles is so acute and visible that the same may adversely affect foreign investment and tourism in Bangladesh. Referring to the quotation of one Hon’ble Minister, the said Respondent stated that “Dhaka, once a city of mosque is becoming a city of masks” and opined that the mass people cannot be kept as hostages to some individuals and agencies. The Respondent No. 5 also admitted the harmful effect of hazardous vehicular emission on human health particularly on the mental and physical development of the children and stated that such emission was posing innumerable innocent children to a threat of continued deteriorating health state. It was disclosed in the said meeting that 70%-80% of the motor vehicles plying on the streets are not road-worthy.

A copy of the proceedings of the said meeting of National Environment Committee dated 04 May, 1997 is annexed hereto and marked as Annexure “X-3 ”.

13. That in the said meeting of the National Environment Committee, the Respondent No. 5 suggested a few measures to be undertaken to reduce hazardous air pollution caused by the motor vehicles to one third of the present state. The measures recommended by the said Respondent include, amongst others, the followings: ...
(3) take a greater attempt regarding fitness of vehicles.
(4) gradually phase out two-stroked engine vehicles and ban the plying of such vehicles that are older than three years.
(5) direct the Eastern Refinery to provide lead-free petrol.
(6) effectively implement existing laws to prevent the use of high noise making horns....

14. That the said meeting had more detailed discussion and took few decisions on the possible measures to mitigate air pollution from emission of poisonous smoke from motor vehicles. The decisions were the results of the discussion that were participated, amongst other, by the Respondent Nos. 5, 6, 9 and 10 and all such decisions that include the followings, were also endorsed by the Hon’ble Prime Minister, who was the Chairperson of the said meeting:
-follow proper cautionary measures by the Respondent No. 2 in providing fitness for motor vehicles; -direct the Eastern Refinery to make petrol lead-free; -appoint magistrates on roll to the office of the Respondent No. 6 to take appropriate and effective measures against the vehicles emitting poisonous smoke; -undertake detailed scrutiny of the issue of imposing ban on importation of two-stroke engine vehicles and gradually phase out such existing vehicles from the street; -establish two separate control rooms with necessary manpower and ancillary radio equipment under the appropriate officials of the Respondent Nos. 2 and 6 to regulate pollution caused by motor vehicles.

15. That it is submitted that in the above Writ Petition the Petitioner sought for most of the reliefs that were suggested by the said Meeting.

16. That unfortunately none of the decisions taken in presence of the highest executive authority of the country have been fully complied with and the air of the City still continues to be polluted at an alarming level, in gross violation of related laws and statutory obligation threatening the safety of human health.

17. That a separate meeting of the Executive Committee of the National Environment Committee was held on 28 February, 1999 and was attended amongst others, by the Respondent Nos. 3, 5, 6, 7, 9, 10 and 12. The said meeting reviewed the progress of implementation of the decisions of the National Environment Committee as were taken on 04 May, 1997 to mitigate air pollution from emission of poisonous smoke from motor vehicles (as of Annexure “X-3”) and took few decisions, the relevant of which are given below, which shows that many of the decisions that were taken in the meeting dated 04 May, 1997 yet remained to be implemented:...
(5) all petrol driven vehicles be fitted with catalytic converter while the diesel driven vehicles to be fitted with diesel particulate filter from 01 July, 1999 and this decision be widely broadcast in national media; (6) the Respondent No. 10 to take necessary measures to introduce lead-free petrol from 01 July, 1999; (8) the Respondent No. 2 would follow more precaution in providing fitness to motor vehicles; (14) to regulate the adulteration of petroleum, the Respondent No. 11 to investigate with the filling stations and take necessary measure ; (15) the Respondent No. 5 would enquire into the possibility of introducing mobile unit having measuring instrument to check sound pollution with the aid of a magistrate.
A copy of the said meeting of the Executive Committee of the National Environment Committee held on 28 February, 1999 is annexed hereto and marked as Annexure “X-4”.

18. That another meeting was held on 07 March, 1999 at the Ministry of Finance on checking environmental pollution. The said meeting was participated, amongst other, by the Respondent Nos. 1, 2, 5, 6 and 11 where three specific items were discussed including the conversion of petrol/diesel engine into Compressed Natural Gas. The said meeting decided, amongst other, the followings and also identified the agency to be implement such decisions:... (10) ban importation of motor vehicles that are not fitted with catalytic converter in the case of petrol driven cars and diesel particulate filter in the case of diesel driven car since 01 July, 1999.
Implementing Agency: National Board of Revenue (hereinafter referred to as the NBR) (11) the budget would contain direction for importation of lead-free petrol and low sulphur diesel.
Implementing Agency: NBR and & Respondent Nos. 5 and 10. A copy of the proceeding of the said meeting held on 07 March, 1999 is being annexed hereto and marked as Annexure “X-5”.

19. That another meeting was held on 19 April, 1999 at the office of the Respondent No. 9, Ministry of Commerce, imposing condition on importation of two-stroke engine vehicles for preventing environmental pollution in pursuance of the suggestions made in the three letters dated 30 December, 1998, 24 February, 1999 and 07 March, 1999 issued from the office of the Respondent No. 5, Ministry of Environment. The said meeting was participated, amongst other, by the Respondent Nos. 1, 2, 6, 9, 10 and 11 and after discussion made the following decisions and recommendations:... -All imported vehicles are being advised to be fitted with build-in catalytic converter and diesel particulate filter, as may be appropriate since 01 July, 1999. The tax rate for converter and filter is being advised to be reduced. -The importation of tempo, babi taxi is being advised to be banned from 01 July, 1999 and the importation of their parts is also being advised to be banned gradually. At the same time the plying of two-stroke engine vehicles in the City of Dhaka is recommended to be prohibited from the year 2001. A copy of the proceeding of the said meeting held on 19 April, 1999 is being annexed hereto and marked as Annexure “X-6”.

20. That despite such repeated and detailed decisions being taken by the high-powered committees comprising of relevant statutory authorities empowered to prevent pollution caused by motor vehicles, the reality remained mostly unchanged as would be evident from a letter dated 11 April, 2000, reference being A.SA. PATRA. No. PABAMA-4/7/15/2000/286 issued from the office of the Respondent No. 5, Ministry of Environment, addressed to the Chairman, NBR. In the said letter the Respondent No. 5 asked for considering the following proposals while preparing the national budget for the fiscal year 2000-2001, amongst other: ...(2) since four-stroke diesel engine pollutes the environment like the two-stroke engine vehicles, impose a total ban on their importation or add 300% taxation on such importation; (6) since lead-free petrol is being imported into the country, all petrol driven cars to be imported must be fitted with catalytic converter to prevent air pollution from other polluting sources like Co, So2 etc.; (7) the decision taken in the previous fiscal year (1999-2000) banning importation of leaded petrol into the country arose possibility of improvement in the environmental standard. That order must be upheld in the interest of environment conservation. (8) adopt measures to prohibit importation of high sulphur diesel considering the presence of high sulphur oxide in the air of Dhaka City and other big cities and the adverse physical reaction of the same on human health; (9) considering the fact that the absence of Particulate Filter in the diesel driven vehicles is allowing indiscriminate emission of suspended particulate matter into the air threatening human health, adopt measures to ban importation of diesel driven vehicles that do not contain diesel particulate filter.

A copy of the said letter dated 11 April, 2000 issued from the office of the Respondent No. 5 is being annexed hereto and marked as Annexure “ X-7 ”.

21. That a news item published in a leading daily on 13 May, 2000 suggests that the construction of all the 5 computerised vehicle inspection centre undertaken by the Respondent No. 2 has been completed. The five centres that contain facilities for automatic computerised process for giving fitness certificate to the vehicles have been set up in Dhaka (2), Chittagong (1), Khulna (1) and Rajshahi (1) and are still waiting to be operative. These automatic and computerised fitness units are expected to address the irregularities and manipulation that the currently prevalent manual system followed by the Respondent No. 2 in issuing the certificate of fitness is blamed for. Such automation is in fact widely accepted by the world community that through correct reading minimise the risk of pollution and danger to life. Photocopy of the said news item published in a leading daily dated 13 May, 2000 is annexed hereto and marked as Annexure “X-8”.

22. That it would be seen from the above that the issue of vehicular pollution both by emission of hazardous smoke and/or use of prohibited horn have drawn considerable attention at the policy making and law implementing level. As a result the issues were discussed on several occasions at the auspices of different Respondents and a number of important decisions were taken by the authorities that correspond to the prayers made by the Petitioner. However, it was unfortunate to note that the non-implementation of the decisions so crucial to prevent danger to the health and life of the city dwellers even after lapse of considerable time. Such non-implementation demonstrates lack of commitment and disrespect to law and the Constitution on the part of the deciding authorities who are the Respondents to the above Writ Petition.
23. That pending hearing of the Rule, the Environment Conservation Rules, 1997 as framed under the Bangladesh Environment Conservation Act, 1995 (Act 1 of
1995) and notified in the official Gazette on 27 August, 1997 prescribed air and noise quality standards, noise quality standard for motor vehicle or mechanised Vessel, motor vehicle exhaust quality standards. Relevant portion of the Environment Conservation Rules are annexed hereto and marked as Annexure “X-9”.

24. That the Statistical Yearbook of Bangladesh, 1998 published in June, 1999 by the Bangladesh Bureau of Statistics under the Ministry of Planning presents certain figures of air and noise quality as existed in some important localities of the City between .... would show that the standards set by the Department of Environment for air and noise quality are being grossly violated from unregulated sources including motor vehicle emission and use of high noise making horns. Relevant part of the Statistical Yearbook of Bangladesh, 1998 published by the Bureau of Statistics is annexed hereto and marked as Annexure ”X-10”.

25. That meanwhile in pursuance of the decision taken by the Executive Committee of the National Environment Committee in the meeting held on 28 February,
1999 (as of Annexure “X-4”), the Respondent No. 11 claimed to have started to import and supply leadfree gasoline (petrol and octane) into the country since 01 July, 1999. However, the decision to ensure that all petrol driven motor vehicle to be imported would be fitted with catalytic converter to effectively check the other forms of air pollution yet remains unrealised for which an intervention from this Hon’ble Court is sought for.

Newspaper clipping dated 04 April, 2000 presenting a statement of the Respondent no. 11 claiming the supply of lead free gasoline is being annexed hereto and marked as Annexure “X-11”.

26. That the said Respondent No. 11 has recently given a press notification on 13 January, 2001 purporting to check the standard of Lubricating Oil by imposing ban on the production, blending, importation and sell of Straight Mineral Oil. The said notification dated 13 January, 2001 called upon the general people not to buy and use low quality and adulterated lubricating oil from open market which clearly suggest the lack of enforcement of the standard so set. Copy of the said Notification dated 13 January, 2001 is being annexed hereto and marked as Annexure “X-12”.

27. That recently, yet another inter-ministerial meeting was held on 01 March, 2001 which repeated the earlier decisions taken on checking vehicular pollution with
the installation of catalytic converter, diesel particulate filter and by purporting to ban the use of hydraulic horn in vehicles. The meeting decisions as appeared in the newspaper are only reiteration of the earlier decisions that are being taken time and again with no actual implementation. A copy of the newspaper clipping dated 02 March, 2001 reporting on the meeting held on 01 March, 2001 is being annexed hereto and marked as Annexure “X-13”.

28. That it is submitted that the similar problem of vehicular pollution both from emission and noise were also acute in various states of the neighbouring India including its capital Delhi and also in Calcutta wherein the grievance of the mass people were finally attempted to be addressed by kind intervention from the judiciary.
29. That as such in Calcutta in the year 1985, a Writ Application was preferred by one Mr. Robin Mukherjee and others against the State of the West Bengal and others. The said Application was moved by the petitioners for protection of their own rights and also in public interest being aggrieved by the nuisance and noise pollution that were being created in the impunity by the transport operators by indiscriminate installation and use of electric and artificially generated air horns which cause unduly rush, shrill, loud and alarming noise. The Petitioners prayed for a writ in the nature of the Mandamus commending the Respondents to enforce the provisions of R.114 of the Bengal Motor Vehicles Rules, 1940 and to enforce the restrictions against shrill horns including air horns by operators of the transport vehicles.

In this Writ Petition the Hon’ble Court held (AIR 1985 CALCUTTA 222):

I allow the application and direct the respondents to enforce strictly the provisions of R.114 (d) of the Bengal Motor Vehicles Rules, 1940 and to enforce restrictions against the use of such electric and other loud and shrill horn.
30. That similarly as stated in paragraph 24 of the Writ Petition, the Supreme Court of India intervened to abate air pollution and in Writ Petition No. 13029 of
1985 filed by one M.C. Mehta passed a series of orders that included the following direction as was given on 12 August, 1994:

“.... Vehicles fitted with catalytic converters should be available by April 1995. .... In the meantime it must be realised that the manufacturer must also be put to notice that they would have to equip any new vehicles with catalytic converters so that they can be plied on lead free petrol.”:

31. That under the above circumstances, it is evident that the Respondents, although admitted the severely of the pollution from vehicles, have miserably failed to implement the respective laws, rules and regulations and also their own decisions taken in furtherance of the legal obligation and consequently vehicular pollution both in the form of emission and noise continues to persist at a much severe scale posing deadly threat to the life, health, safety and comfort of the City dwellers.

32. That considering the gravity of the matter, an intervention of this Hon’ble Court is urgently necessary to require the Respondents to perform their statutory public duties and take effective measures for controlling environmental pollution created by motor vehicles and ensure the adoption of the most appropriate mitigative measures, devices and methods as suggested by them on various occasions noted in Annexures “X- 3”, “X-4”, “X-5” and “X-6” and also prayed in the above Writ Petition.

33. That to ensure that the decisions taken by the respondents in mitigating vehicular pollution as per the said Annexures “X-3”, ”X-4”, ”X-5”, ”X-6” are properly implemented and for the ends of justice and effective disposal of the above Writ Petition, it has now become necessary that a direction be issued upon the respondents in the followings terms:
(i) ensure that the decision taken in the fiscal year (1999-2000) banning importation of leaded petrol into the country be upheld for the following years; (ii) ensure that all imported motor vehicles are fitted with catalytic converter from July, 2001; (iii) enforce restrictions against the use of such electric and other loud and shrill horn as provided under Section 137 of the Motor Vehicle Ordinance, 1983 and Rule114 (d) of the Bengal Motor Vehicles Rules, 1940 within a period of three months from the date of issuance of the direction; (iv) take immediate necessary measures to activate the five centres with automatic computerised process that have already been constructed for providing correct certificate of fitness and thus ensure that no unfit vehicles plies on the roads; (v) set Bangladesh Standard for Petroleum in accordance with the international standards ensuring the reduction and removal of toxic and hazardous constituents from the same.

34. That this application is filed bona fide in public interest and the reliefs sought for herein, if granted, shall be effective and efficacious.

WHEREFORE, it is most humbly prayed that your Lordships would graciously be pleased to issue a mandatory injunction directing the Respondents to: (i) ensure that the decision taken in the fiscal year (1999-2000) banning importation of leaded petrol into the country be upheld for the following years; (ii) ensure that all imported motor vehicles are fitted with catalytic converter from July, 2001; (iii) enforce restrictions against the use of such electric and other loud and shrill horn as provided under Section 137 of the Motor Vehicle Ordinance, 1983 and Rule114 (d) of the Bengal Motor Vehicles Rules, 1940 within a period of three months from the date of issuance of the direction; (iv) take immediate necessary measures to activate the five centres with automatic computerised process that have already been constructed for providing correct certificate of fitness and thus ensure that no unfit vehicles plies on the roads; (v) set Bangladesh Standard for Petroleum in accordance with the international standards ensuring the reduction and removal of toxic and hazardous constituents from the same; (vi) submit a report on compliance of the Order of this Hon’ble Court within the time frame as may be fixed by this Hon’ble Court; (vii) submit a report on compliance of the Order of this Hon’ble Court within the time frame as may be fixed by this Hon’ble Court; (viii) any other or further relief or reliefs to which the Petitioner is entitled in law and equity be also granted; And for this act of kindness your Petitioner as in duty bound shall ever pray.
Prepared in my office.

(S. Rizwana Hasan) (Mirza Hosain Haider)
Advocate. D E P O N E N T The deponent is known to me and identified by me.

Solemnly affirmed before me (S Rizwana Hasan)
by the said deponent on this Advocate the ..... day of March,
2001 at a.m./p.m.

COMMISSIONER OF AFFIDAVITS SUPREME COURT OF BANGLADESH HIGH COURT DIVISION, DHAKA.