Kerala High Court
Suo Motu vs Union Of India Represented By The ... on 31 January, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Friday, the 31st day of January 2025 / 11th Magha, 1946
WP(C) NO. 25158 OF 2024(S)
SUO MOTU
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY (ROAD,TRANSPORT AND
HIGHWAYS), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
BHAWAN, GOKUL NAGAR, SANSAD MARG AREA, NEW DELHI ,PIN - 110001
2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA,PIN - 695001
3. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA , PIN - 695001
4. THE TRANSPORT COMMISSIONER OF KERALA, TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWER, C.V. RAMAN PILLAI ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA,PIN - 695014
5. THE STATE POLICE CHIEF OF KERALA, STATE POLICE HEADQUATERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695010
ADDITIONAL R6 IMPLEADED
6. NOUSHAD I, S/O.SULAIMAN, AGED 42 YEARS, IRUMBADASSERI HOUSE,
VADASSERY, PANNIPPARA P.O., EDAVANNA, MALAPPURAM DISTRICT,
PIN - 676 541.
ADDL. R6 IS IMPLEADED AS PER ORDER DATED 13/09/2024 IN
IA.1/2024 IN WP(C) 25158/2024.
ADDITIONAL R7 IMPLEADED
7. THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023.
ADDL. R7 IS SUO MOTU IMPLEADED AS PER ORDER DATED
22/01/2025 IN WP(C) 25158/2024.
P.T.O.
This Suo Motu writ petition again coming on for orders upon perusing the
petition, this Court's orders dated 07/01/2025, 22/01/2025 & 27/01/2025 and
upon hearing the arguments of SRI. R.V.SREEJITH, CENTRAL GOVERNMENT COUNSEL
for R1, SRI. S RAJMOHAN (SR.), SENIOR GOVERMENT PLEADER for R2 & R5, SRI. P.
SANTHOSH KUMAR, SPECIAL GOVERNMENT PLEADER for R3 & R4, SRI. K.RAKESH,
Advocate for Addl.R6 , M/S. DEEPU THANKAN, UMMUL FIDA, LAKSHMI SREEDHAR,
LEKSHMI P. NAIR, VINEETHA BOSE, CINDIA S. & GAYATHRI G., Standing Counsels for
Addl.R7 and of Adv.Kevin James, the court passed the following:
P.T.O
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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W.P.(C)No.25158 of 2024
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Dated this the 31st day of January, 2025
ORDER
Anil K. Narendran, J.
This writ petition is registered suo motu based on the order of this Court dated 09.07.2024 in SSCR No.30 of 2023, regarding the use of contract carriages and stage carriages in public places openly flouting the safety standards prescribed in AIS-008 - Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicle having more than Three Wheels including Quadricycles, Trailer and Semi-Trailer excluding Agricultural Tractors - and even AIS-052 - Code of Practice for Bus Body Design and Approval - posing a threat to the safety of other road users; the use of motor vehicles fitted with exhaust systems emitting fumes and loud sound, wide tyres protruding out of wheel arches/mudguards, etc., posing a potential threat to the safety of its passengers and other road users; 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; uploading videos by the vloggers on 'YouTube' 2 W.P.(C)No.25158 of 2024 and other online platforms promoting such unauthorised alterations and use of such vehicles in public places, etc.
2. This writ petition is ordered to be listed before this Bench by the order dated 13.12.2024 of the Honourable the Chief Justice, on the administrative side.
3. In this writ petition, this Court passed a detailed order dated 04.10.2024 - Suo Motu v. Union of India [2024 (6) KLT 437] - after referring to the safety standards prescribed in AIS- 008 - Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicle having more than Three Wheels including Quadricycles, Trailer and Semi-Trailer excluding Agricultural Tractors - and even AIS-052 - Code of Practice for Bus Body Design and Approval. The said order and also the subsequent orders dated 07.01.2025, 22.01.2025 and 27.01.2025 shall be read as part of this order.
4. In paragraph 3 of the order dated 27.01.2025, this Court reproduced the photographs of two stage carriages operated by KSRTC for Nilakkal-Pamba Chain Service during night hours, with the 'headlight on' only on one side and the photograph of another stage carriage, which was parked at Lahah in front of a hotel, on the wrong side of the road. The said photographs, which 3 W.P.(C)No.25158 of 2024 forms part of the report dated 17.12.2024 of the Special Commissioner, Sabarimala are reproduced hereunder;
5. In paragraph 11 of the order dated 27.01.2025, this Court extracted a few screenshots taken from the news item that appeared in Mathrubhoomi News regarding 'Munnar Royal View' double-decker bus by KSRTC, which is fitted with 'RGB' colour- changing decorative LED lights, emitting Red, Green and Blue light in the passenger compartments and on the edges of the safety glass fitted on the side windows. The said screenshots are extracted hereunder;
4W.P.(C)No.25158 of 2024
6. In paragraph 13 of the order dated 27.01.2024, this Court noticed that as evident from the news item that appeared in Mathrubhoomi News, KSRTC 'Munnar Royal View' double-decker bus is fitted with three headlamps on either side, i.e., six headlamps. The said vehicle is fitted with after-market stop lights red in colour with neon halo rings amber in colour, openly flouting the safety standards in Para.5.15 of AIS-008, which specify the colours of the light emitted by the lamps. The said vehicle does not have 'retro-reflectors' on the exterior bus body, i.e., front retro-reflectors - white or colourless, rear retro-reflectors - red colour and side retro-reflectors - amber colour, as per the safety standards in Rule 104 of the Central Motor Vehicles Rules and Para.5.15 of AIS-008, to indicate the presence of the vehicle by the reflection of light emanating from a light source not connected to the vehicle. The screenshots extracted in paragraph 13 of the order dated 27.01.2024 are extracted hereunder; 5 W.P.(C)No.25158 of 2024
7. In the order dated 27.01.2025, after referring to the law laid down by the Apex Court in Avishek Goenka v. Union of India [(2012) 5 SCC 321] and that laid down in the decisions of this Court in Jijith and others v. State of Kerala and others [2019 (1) KHC 463], Saji K.M. v. Deputy Transport Commissioner, Thrissur and others [2019 (3) KHC 836], Principal, Sabari PTB Smaraka H.S.S. v. Additional Registering Authority [2020 (2) KHC SN 9] and Suo Motu v. State of Kerala and others [2024 (5) KHC 98] this Court found that in view of the statutory provisions and safety standards referred to in the said order and the law laid down in the decisions referred to supra, the use of KSRTC 'Munnar Royal View' double- decker bus in a public place with 'RGB' colour-changing decorative LED lights, emitting Red, Green and Blue light in the passenger compartments and on the edges of the safety glass fitted on the side windows [see: Para.11]; with three headlamps on either side, 6 W.P.(C)No.25158 of 2024 i.e., six headlamps, after-market stop lights red in colour with neon halo rings amber in colour, openly flouting the safety standards in Para.5.15 of AIS-008, without 'retro-reflectors' on the exterior bus body, to indicate the presence of the vehicle by the reflection of light emanating from a light source not connected to the vehicle, as per the safety standards in Rule 104 of the Central Motor Vehicles Rules and Para.5.15 of AIS-008 [see: Para.13], is legally impermissible. The use of such a vehicle in a public place posing a threat to the safety of other road users will be in violation of the law laid down by the Apex Court and this Court in the decisions referred to supra.
8. On 27.01.2025, the learned Special Government Pleader sought time to address arguments on the power of the State Government to grant an exemption under Rule 334 of the Kerala Motor Vehicles Rules for the use of a motor vehicle in a public place in violation of the statutory provisions contained in the Central Motor Vehicles Rules and the safety standards referred to in the order of this Court dated 27.01.2025. The learned Special Government Pleader was directed to make available for the perusal of this Court the files relating to G.O.(Ms.)No.501/2024/ Trans. dated 28.12.2024.
7W.P.(C)No.25158 of 2024
9. Today, when this matter is taken up for consideration, the learned Standing Counsel for KSRTC seeks further time to place on record a copy of G.O.(Ms.)No.501/2024/Trans. dated 28.12.2024 and an affidavit on behalf of the additional 7th respondent KSRTC. The learned Special Government Pleader seeks further time to make available for the perusal of this Court the files relating to the said Government order.
10. The learned Central Government Counsel seeks further time to place on record the stand of the 1st respondent Ministry of Road Transport and Highways, in terms of the order of this Court dated 07.01.2025, with specific reference to Para.7.9.1 of AIS- 052, which deals with the power of the Ministry to withdraw the accreditation granted to a bus body building unit.
11. In paragraph 5 of the order dated 07.01.2025 in this writ petition, this Court extracted two screenshots of the news item that appeared in Manorama News regarding a motor accident occurred on 17.11.2024 at Erumeli involving a contract carriage bearing Registration No.TN-5/BB-6788, in which several Sabarimala pilgrims from Tamil Nadu sustained injuries. The said contract carriage was fitted with unauthorised LED lights, neon lights, laser lights, etc. capable of dazzling the drivers of the 8 W.P.(C)No.25158 of 2024 oncoming vehicle, pedestrians, etc. thereby posing a potential threat to the safety of other road users. The said vehicle is even fitted with unauthorised LED lights inside the front cowl, for using the same after lifting the grill fitted on the front cowl. The said screenshots are extracted hereunder;
12. Vehicles fitted with such unauthorised LED lights, neon lights, laser lights, etc. capable of dazzling the drivers of the oncoming vehicles, pedestrians, etc. are posing serious threat to the safety of other road users, especially riders of motorcycles, drivers and passengers of three-wheelers, motorcars, etc. Though 9 W.P.(C)No.25158 of 2024 large number of such vehicles with unauthorised LED lights, neon lights, flashlights, pixel name boards, etc. are involved in motor accidents, resulting even fatal injuries to pedestrians, riders of motorcycles, drivers and passengers of three-wheelers and motorcars, the owner and driver of such vehicles, who drives or causes or allows to be driven in any public place such a motor vehicle which violates the standards prescribed in relation to road safety are not being proceeded against under Section 190(2) of the Motor Vehicles Act, 1988, as substituted by Section 72 of the Motor Vehicles (Amendment) Act, 2019, by initiating prosecution, despite the directions contained in various orders of this Court including that contained in the decision in Suo Motu v. Union of India [2024 (6) KLT 437].
13. From the submissions made at the Bar, we notice that the concerned officers in the Motor Vehicles Department have granted certificate of registration in respect of two contract carriages of 'Singam Holidays' bearing temporary registration Nos.T0624KL1409G and T0624KL1396G, which are fitted with unauthorised LED lights, neon lights, laser lights, pixel name board on the top of the windscreen, etc. capable of dazzling the drivers of the oncoming vehicles, pedestrians, etc. In the order 10 W.P.(C)No.25158 of 2024 dated 07.01.2025, this Court noticed that such lights were fitted on those vehicles openly flouting the safety standards in AIS-008 and AIS-052, at the workshop of the accredited bus body builder 'Prakash S.M. Kannappa Automobiles Pvt. Ltd.', Bangalore.
14. Adv.Kevin James, the learned counsel seeks a short time to cure the defect noted by Registry in the interlocutory application filed in this writ petition by the registered owner of the said contract carriages, to get himself impleaded as an additional respondent in this writ petition.
15. The learned Special Government Pleader seeks time to get instructions from the Transport Commissioner, Kerala on the grant of registration of the aforesaid contract carriages, openly flouting the safety standards in AIS-008 and AIS-052.
16. As noticed in paragraphs 7 and 8 of the order dated 25.01.2025 in this writ petition, contract carriage bearing registration No.KL-21/Q-9050, which met with a road accident on 18.01.2025 at Nedumangad, Thiruvananthapuram, in which several passengers sustained injuries, out of which one succumbed to the injuries, is fitted with unauthorised LED lights, neon lights, laser lights, pixel name board, etc. capable of dazzling the drivers of the oncoming vehicle, pedestrians, etc., openly 11 W.P.(C)No.25158 of 2024 flouting the safety standards in AIS-008, AIS-052, etc. The said fact is evident from the screenshots taken from the news item that appeared in Manorama News, which is extracted in paragraph 7 of that order, and also from the screenshots taken from the promotion video on YouTube by Herbon Holidays, which is extracted in paragraph 8 of that order.
17. The learned Special Government Pleader to get instructions as to whether prosecution has already been initiated against the owner and driver of that contract carriage, who drove or allowed to be driven such a vehicle which violates the standards prescribed in relation to road safety, in view of the provisions contained in Section 190(2) of the Motor Vehicles Act.
List on 05.02.2025 along with connected matter.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE
MIN
31-01-2025 /True Copy/ Assistant Registrar