Suo Motu vs The Union Of India on 26 June, 2024

[Cites 5, Cited by 0]

Kerala High Court

Suo Motu vs The Union Of India on 26 June, 2024

The Special Commissioner, Sabarimala has filed this SSCR regarding the functioning of the Safe Zone Project, Sabarimala, during Mandala-Makaravilakku festival season of 1199 ME (2023-24), pursuant to the directions contained in the order of this Court dated 25.08.2023 in SSCR No.20 of 2021.

2. On 31.05.2024, when this SSCR came up for consideration along with SSCR No.29 of 2023 filed by the Special Commissioner, Sabarimala regarding crowd management and other matters at Sabarimala; and SSCR No.36 of 2023 filed by the Special Commissioner, Sabarimala regarding the steps to be taken to provide adequate facilities for the pilgrims at Sabarimala Edathavalams, this Court passed a detailed order. In paragraph 31 of the order dated 31.05.2024 in SSCR Nos.29, 30 and 36 of 2023 - Suo Motu v. State of Kerala [2024 KHC OnLine 438 : 2024:IO:KER:13] - this court issued various directions [Para.31(i) to (x)], whereby the Transport Commissioner, Kerala, through the Enforcement Officers in the Motor Vehicles Department, and the State Police Chief, through the District Police Chief of the concerned Districts, were directed to take necessary steps to prevent the use of contract carriages and other motor vehicles in any public 2 SSCR No.30 of 2023 place, violating the standards prescribed in relation to road safety, control of noise and air pollution. The order dated 31.05.2024 was followed by the order dated 07.06.2024 in SSCR Nos.29, 30 and 36 of 2023.

3. On 07.06.2024, we have viewed in open Court a video clipping regarding a motor accident, which occurred on 24.12.2023, involving a contract carriage bearing Reg.No.TN-25/AD-2635, which was carrying Sabarimala pilgrims. That video was taken while the officials in the Motor Vehicles Department, who are part of Safe Zone Project, Sabarimala, along with the police and the local residents, were involved in the rescue operations. The screenshots taken from that video clipping are reproduced hereunder;

4. In the order dated 07.06.2024, this Court noticed that, as evident from the screenshots, the contract carriage, which met with an accident on 24.12.2023, while carrying Sabarimala pilgrims from Tamil Nadu was fitted with after-market multi-coloured LED/laser/neon lights, 3 SSCR No.30 of 2023 openly flouting the safety standards prescribed in AIS-008 (Rev.2):2019

- Installation Requirements of Lightings and Light-Signalling Devices for Motor Vehicles having more than three wheels, including Quadricycles, Trailer and Semi-trailer, excluding Agricultural Tractor. Such lights fitted in that vehicle are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, posing a threat to the safety of its passengers and other road users. Such lights fitted in the driver cabin of contract carriages cause glare and reflection of light on the windscreen of the vehicle, which are likely to endanger the safety of the passengers and other road users.

5. In paragraph 9 of the order dated 07.06.2024, this Court reproduced screenshots taken from the videos uploaded on online video platforms like 'YouTube', by the vloggers, regarding the use of contract carriages in public places, openly flouting the safety standards, which is posing a potential threat to the safety of the passengers and other road users. The screenshots taken from such a video clipping are reproduced hereunder;

6. In the order dated 07.06.2024, this Court noticed that, in 4 SSCR No.30 of 2023 addition to fitment of unauthorised after-market multi-coloured LED/ laser/neon lights/flashlights, etc., openly flouting the safety standards prescribed in AIS-008, various objects are pasted/hung in front of the windscreen and the name of the contract carriage is written with neon lights on the middle of the windscreen, above the level of the dashboard, causing obstruction to the clear vision of the driver to the front, in violation of the provisions under Rule 278 of the Kerala Motor Vehicles Rules, 1989. In that order, this Court noticed that Rule 315 of the Tamil Nadu Motor Vehicles Rules, 1989, Rule 154(6) of the Karnataka Motor Vehicles Rules, 1989 contains provisions similar to that contained in Rule 278 of the Kerala Motor Vehicles Rules. In addition to this, the name of the contract carriage is written with neon lights on the top of the windscreen.

7. In the order dated 07.06.2024, this Court noticed that, video contents of unauthorised alterations in contract carriages and heavy goods vehicles and the use of such vehicles in public places, which are uploaded on online video platforms like 'YouTube' by the registered owners of such vehicles or vloggers, are being recorded inside the driver cabin of such vehicles, while the vehicle is moving, disturbing the concentration of the driver while driving, thereby posing a potential threat to the safety of other road users. Two screenshots of the video uploaded on 'YouTube' by the vloggers promoting the use of such contract carriages, which are recorded in the driver cabin, while 5 SSCR No.30 of 2023 the vehicle was moving, with the passengers sitting in the driver cabin, were reproduced in paragraph 13 of the order dated 07.06.2024. The screenshots taken from that video clipping are reproduced hereunder;

8. In the order dated 07.06.2024, this Court noticed that despite specific directions issued in the orders referred to hereinbefore, the Enforcement Officers in the Motor Vehicles Department and the Police is not in a position to prevent the use of contract carriages and other motor vehicles in public places flouting the safety standards regarding the lighting and light-signalling devices, retro-reflectors and also the standards prescribed in relation to noise control. Even retro- reflectors fitted on the rear bumper of motor cars are being replaced with after-market red lights, openly flouting the safety standards in AIS- 008, posing a threat to the safety of other road users. Vehicles exhibiting nameboards 'Government of Kerala', 'Kerala State', 6 SSCR No.30 of 2023 'Government of India' are being used in public place with unauthorised flashlights, strobe lights, etc.

9. In the order dated 07.06.2024, this Court noticed that the use of unauthorised lights in such vehicles exhibiting nameboards 'Government of Kerala', 'Kerala State', 'Government of India' is preventing the Enforcement Officers in the Motor Vehicles Department and also the police from taking stern action against contract carriages and other motor vehicles, which are fitted with unauthorised lights capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users. In the said order, this Court noticed that a large number of contract carriages fitted with such unauthorised lights are being used during Mandala-Makaravilakku festival seasons and even during Maasa Poojas, for carrying pilgrims to Sabarimala. The use of contract carriages, which include vehicles registered outside the State, with unauthorised lights capable of dazzling the drivers of other oncoming vehicles, is posing a serious threat to the safety of the pilgrims travelling in the Sabarimala sector.

10. The video clippings viewed in open Court on 07.06.2024 include that of an 'Auto Show' in an Engineering College, in which a large number of motor cars with unauthorised fittings, including exhaust system emitting fumes and loud sound, wide tyres protruding wheel arches/mudguards, etc., were used for drifting in college ground. In the said order, this Court noticed that despite the specific directions 7 SSCR No.30 of 2023 contained in the orders of this Court in SSCR No.20 of 2021, vehicles brought through to India through 'Carnet' are being used in public places, including college campus, in connection with 'auto shows', posing threat to the safety of other road users. The screenshots of videos posted by a vlogger by the name 'Moto Vlogger' were reproduced in paragraph 15 of the order dated 07.06.2024. The screenshots taken from that video clipping are reproduced hereunder;

11. In paragraph 15 of the order dated 07.06.2024, this Court noticed that, in the order dated 25.08.2023 in SSCR No.20 of 2021, this Court recorded the submission made by the learned Deputy Solicitor General of India, on instructions, that vehicles fitted with exhaust system emitting fumes and loud sound, wide tyres protruding out of 8 SSCR No.30 of 2023 wheel arches/mudguards, etc. cannot be permitted to be used in public place, posing a potential threat to the safety of its passengers and other road users. In case any such violations are noticed, the Enforcement Wing of the Motor Vehicles Department and the Police can proceed against the owner/driver of the said vehicle. Therefore, this Court issued directions to that effect, in the order dated 25.08.2023 in SSCR No.20 of 2021.

12. By the order dated 07.06.2024, this Court directed the Registry to incorporate a CD containing the copy of the videos viewed in open Court on 07.06.2024 in the Judges' papers of SSCR No.30 of 2023, after serving a copy of the same to the learned Special Government Pleader and also the learned Deputy Solicitor General of India-in-Charge. By that order, this Court directed the Transport Commissioner, Kerala, through the Enforcement Officers in the Motor Vehicles Department, and the State Police Chief, through the District Police Chief of the concerned districts, to ensure compliance of the directions contained in paragraph 31(i) to (x) of the order dated 31.05.2024 in SSCR Nos.29, 30 and 36 of 2023, in letter and spirit, by proceeding against the owner and driver of such vehicles, which are being used in public places posing threat to the safety of other road users. For taking necessary action by the online platforms, the concerned officers in the Enforcement Wing of the Motor Vehicles Department were directed to report to its Authorised Officers, the 9 SSCR No.30 of 2023 videos uploaded by the vloggers promoting the violation of the standards prescribed in relation to road safety, control of noise and air pollution, which is an offence punishable under sub-section (2) of Section 190 of the Motor Vehicles Act. The learned Deputy Solicitor General of India-in-Charge was directed to get necessary instructions from the Ministry of Road Transport and Highways on the action, if any, taken by the Ministry to prevent vloggers uploading videos promoting use of motor vehicles in public places, violating the standards prescribed in relation to road safety, control of noise and air pollution and the recording of videos inside the driver cabin of contract carriages and other vehicles, while the vehicle is moving, thereby disturbing the concentration of the driver while driving.

13. Today, when this matter is taken up for consideration, we viewed in open Court video clippings uploaded on 'YouTube' by the vloggers promoting the violation of the standards prescribed in relation to road safety, control of noise and air pollution, including videos recorded inside the driver cabin of contract carriages while the vehicle is moving, with the passengers sitting in the driver cabin, thereby disturbing the concentration of the driver while driving. Two screenshots of the video uploaded by the vlogger '@AJTouristbuslover' on 'YouTube', under the caption 'Trend with Zedone' - 'Singam x Villan', which was recorded inside the driver cabin of a contract carriage, while that vehicle was moving, are reproduced hereunder;

SSCR No.30 of 2023

14. The caption of that video uploaded by the vlogger '@AJTouristbuslover' would indicate that it was recorded while two contract carriages with edition-name 'Singam' and 'Villan' with 'Zedone body', were moving in the opposite direction. The diver cabin of the contract carriage is fitted with unauthorised after-market multi-coloured LED/laser/neon lights/flashlights, etc., openly flouting the safety standards prescribed in AIS-008 and even AIS-052 - Code of Practice for Bus Body Design and Approval. Various objects are pasted/hung in front of the windscreen, including illuminated hangings and the name of the contract carriage is written on the middle of the windscreen, above the level of the dashboard, causing obstruction to the clear vision of the driver to the front, in violation of the provisions under Rule 278 of the Kerala Motor Vehicles Rules.

15. As evident from the video uploaded by the vlogger 11 SSCR No.30 of 2023 '@AJTouristbuslover' on 'YouTube', under the caption 'Trend with Zedone' - 'Singam x Villan', the passenger compartment of that contract carriage is fitted with continuously blinking multi-coloured LED/laser lights, DJ rotating LED lights, etc., openly flouting the safety standards prescribed in AIS-008 and even AIS-052 - Code of Practice for Bus Body Design and Approval, in order to convert the passenger compartment as dancing floor for the passengers. Two screenshots of the video uploaded by the vlogger '@AJTouristbuslover' on 'YouTube' are reproduced hereunder;

16. As evident from the video, while the contract carriages were moving, the driver was greeting the passengers of the other contract carriage with a 'fist bump' [a gesture in which two people bump their fists together]. The passengers in the passenger compartment of that 12 SSCR No.30 of 2023 contract carriage and also the driver and the passengers sitting in the 'driver cabin' were enjoying the loud music played in that vehicle, openly flouting the safety requirements in Regulation 5(10) of the Motor Vehicles (Driving) Regulations, 2017, keeping open the door separating the driver cabin and the passenger cabin. Regulation 5(10) mandates the driver of a motor vehicle to ensure that loud music is not played in the vehicle.

17. A few screenshots from the video clippings viewed today in open Court, which are uploaded on 'YouTube' by the vloggers promoting the violation of the standards prescribed in relation to road safety, control of noise and air pollution are reproduced hereunder;

18. The continuously blinking multi-coloured LED/laser lights, etc., fitted on the contract carriages as seen in the screenshots, openly flouting the safety standards prescribed in AIS-008 and even AIS-052 - Code of Practice for Bus Body Design and Approval, which are capable 13 SSCR No.30 of 2023 of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users, cannot be treated as vehicles which comply with the provisions of Chapter V of the Motor Vehicles Act, which deals with construction, equipment and maintenance of motor vehicles. In view of the prohibition contained in sub-rule (1) of Rule 92 of the Central Motor Vehicle Rules, no person shall use or cause or allow to be used in any public place any such motor vehicle. The certificate of registration of such a vehicle used in public places, posing a potential threat to the safety of its passengers and other road users is liable to be cancelled.

19. As already noticed, a large number of contract carriages fitted with such unauthorised lights are being used during Mandala- Makaravilakku festival seasons and even during Maasa Poojas, for carrying pilgrims to Sabarimala. The use of contract carriages, which include vehicles registered outside the State, with unauthorised lights capable of dazzling the drivers of other oncoming vehicles, is posing a serious threat to the safety of the pilgrims travelling in the Sabarimala sector. Such vehicles have also been involved in a recent accident, which is evident from the video clippings viewed in open Court.

20. The Transport Commissioner, Kerala, through the Enforcement Officers in the Motor Vehicles Department and the State Police Chief, through the District Police Chief of the concerned Districts, shall take necessary steps to prevent the use of any contract carriages 14 SSCR No.30 of 2023 and stage carriages in public places, which are fitted with continuously blinking multi-coloured LED/laser lights, etc., which violates the standards prescribed in relation to road safety, control of noise and air pollution, openly flouting the safety standards prescribed in AIS-008 and even AIS-052 - Code of Practice for Bus Body Design and Approval, which are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users. Such vehicles cannot be treated as vehicles, which comply with the provisions of Chapter V of the Motor Vehicles Act. In view of the prohibition contained in sub-rule (1) of Rule 92 of the Central Motor Vehicle Rules, the certificate of registration of such a vehicle used in public places, posing a potential threat to the safety of its passengers and other road users, is liable to be cancelled after complying with the statutory requirements.

21. The Registry is directed to incorporate the CD containing a copy of the videos viewed in open Court in the Judges' papers of this SSCR, after serving a copy to the learned Special Government Pleader and also the learned Deputy Solicitor General of India-in-Charge.

22. The learned Deputy Solicitor General of India-in-charge would submit that he is awaiting instructions from the Ministry of Road Transport and Highways on the violation of the standards prescribed in relation to road safety pointed out in the order of this Court dated 07.06.2024, with specific reference to the video clippings viewed in 15 SSCR No.30 of 2023 open court. He would also submit that the Ministry is in touch with the Ministry of Information and Broadcasting on the issues pointed out in the said order of this Court regarding videos promoting violations of the standards prescribed in relation to road safety, which are even recorded in the driver cabin of contract carriages, while the vehicle is moving.

23. The Transport Commissioner is directed to get a report from the concerned Enforcement Officer in the Motor Vehicles Department regarding the vehicle seen in the screenshots reproduced at paragraphs 13 and 14 of this order, which are uploaded in 'YouTube' by the vlogger '@AJTouristbuslover', in which the driver of that contract carriage was greeting the passengers of the other contract carriage moving in the opposite direction with a 'fist bump', enjoying loud music played in that vehicle, keeping open the door separating the driver cabin and the passenger cabin.

List this matter for further consideration on 09.07.2024.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

                                              HARISANKAR V. MENON, JUDGE

       AV/




26-06-2024                      /True Copy/                           Assistant Registrar

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