Kerala High Court
Suo Motu vs The Union Of India on 9 July, 2024
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 HARISANKAR V. MENON
Tuesday, the 9th day of July 2024 / 18th Ashadha, 1946
SSCR NO. 30 OF 2023
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SPECIAL COMMISSIONER
REPORT - SM NO.30/2023 - REPORT SUBMITTED BY THE SPECIAL COMMISSIONER,
SABARIMALA AS DIRECTED BY THE HON'BLE HIGH COURT OF KERALA AS PER ORDER DATED
25/08/2023 IN SSCR NO.20 OF 2021 REGARDING THE FUNCTIONING OF THE SAFE ZONE
PROJECT, SABARIMALA DURING THE MANDALAM - MAKARAVILAKKU FESTIVAL OF 2023-2024
(1199 M.E.) - SUO MOTU PROCEEDINGS INITIATED - REG:
PETITIONER:
SUO MOTU
RESPONDENTS:
1. THE UNION OF INDIA
REPRESENTED BY SECRETARY (RT & H)
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
PARIVARAN BHAVAN, PARLIAMENT STREET, NEW DELHI-110001.
2. STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
3. THE SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4. TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, IIND FLOOR, TRANS TOWER,
THYCADU.P.O., VAZHUTHACADU, THIRUVANANTHAPURAM-695014.
5. THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHPURAM-695010.
6. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA-689645.
7. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003.
8. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM, PIN-695005.
9. KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN
FORT P.O., THIRUVANANTHAPURAM-695035.
*ADDL.RESPONDENTS 10 & 11 IMPLEADED
10. ROAD SAFETY COMMISSIONER,
KERALA (TRANSPORT COMMISSIONER), 4 TH FLOOR, TRANS TOWERS,
DPI, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014
11. REGIONAL TRANSPORT OFFICER (ENFORCEMENT),
STADIUM JUNCTION, KAIPATTOOR ROAD, NH 183A,
PATHANAMTHITTA-689 645
*ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 10 AND 11 VIDE
ORDER DATED 27/10/2023 IN SSCR.NO.30/2023
*ADDL.R12 IMPLEADED
12. THE ROAD SAFETY COMMISSIONER,
4TH FLOOR, TRANS TOWERS, DPI, VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN - 695014
*IS SUO MOTU IMPLEADED AS ADDITIONAL 12TH RESPONDENT VIDE ORDER
DATED 13/06/2024 IN SSCR.NO.30/2023
BY DEPUTY SOLICITOR GENERAL OF INDIA FOR R1
BY SRI.S.RAJMOHAN, SR.GOVT.PLEADER (R2, R5 & R6 )
BY SRI.P.SANTHOSH KUMAR, SPL.GOVT.PLEADER (TRANSPORT) FOR
R3, R4, Addl.R10,R11 AND R12
BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD FOR R7 & R8
BY M/S.DEEPU THANKAN, UMMUL FIDA, LAKSHMI SREEDHAR,
LEKSHMI P. NAIR and NAMITHA K.M., Advocates for R9
BY SMT.SAYUJYA RADHAKRISHNAN, AMICUS CURIAE FOR
SABARIMALA SPECIAL COMMISSIONER
THIS SABARIMALA SPECIAL COMMISSIONER REPORT ALONG WITH CONNECTED
CASES HAVING COME UP FOR ORDERS AGAIN ON 09/07/2024, UPON PERUSING THE
REPORT AND THIS COURT'S ORDER DATED 09/07/2024 (ORDER NO.1), THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
ANIL K. NARENDRAN & HARISANKAR V. MENON, JJ.
----------------------------------------------------------- SSCR No.30 of 2023
------------------------------------------------------
Dated this the 9th day of July, 2024 ORDER-II Anil K. Narendran, J.
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. On 26.06.2034, 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 10 SSCR No.30 of 2023 hereunder;
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.
11SSCR No.30 of 2023
15. As evident from the video uploaded by the vlogger '@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 12 SSCR No.30 of 2023 fists together]. The passengers in the passenger compartment of that 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 - 13 SSCR No.30 of 2023 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, 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. In Avishek Goenka v. Union of India [(2012) 5 SCC 321], after referring to the provisions under Rules 100, 104, 104A, 106, 119 and 120 of the Central Motor Vehicles Rules, 1989 the Apex Court held that the Central Motor Vehicles Rules deal with every minute detail of construction and maintenance of a vehicle. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from these Rules. It would neither be permissible nor possible for the court to read into these statutory provisions, what is not specifically provided for. The provisions 14 SSCR No.30 of 2023 of the Central Motor Vehicles Rules demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure not only the appropriate manner of construction and maintenance of vehicle but also the safety of other users of the road. The Apex Court held further that, the legislative intent attaching due significance to 'public safety' is evident from the object and reasons of the Motor Vehicles Act, 1988, the provisions of the said Act and more particularly, the rules framed thereunder.
20. In view of the law laid down by the Apex Court in Avishek Goenka [(2012) 5 SCC 321] every motor vehicle, including Government vehicles, shall be fitted with the lights which are specifically provided for in the Central Motor Vehicles Rules and what has not been specifically stated in the said Rules would obviously be deemed to have been excluded from that Rules. Therefore, no motor vehicle, including a Government vehicle, shall be fitted with lights which are not specifically provided for in the Central Motor Vehicles Rules.
21. In Principal, Sabari PTB Smaraka H.S.S. v. Additional Registering Authority and others [2020 (2) KHC SN 9 : 2020 (2) KLJ 662] this Court noticed that, AIS-008 - Standards for installation of lighting and light-signaling devices for motor vehicles having more than three wheels, trailer and semi-trailer - as a safety requirement deals with every minute detail of installation of lighting, light - signalling devices and retro-reflectors for a motor vehicle having more than three 15 SSCR No.30 of 2023 wheels, trailer and semi-trailer excluding agricultural tractor and special purpose vehicle. The lighting, light-signalling devices and retro- reflectors permitted to be installed on a motor vehicle having more than three wheels, trailer and semi-trailer, excluding agricultural tractors and special purpose vehicle motor vehicles, have been specifically provided for in AIS-008. Therefore, in view of the prohibition contained in Para.5.1. of AIS-008, no such motor vehicle shall be permitted to be installed with any lighting and light-signalling devices or retro- reflectors, other than those referred to in Para.6.0. of AIS-008. The combined reading of the definition clauses and the individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. of those lighting, light-signalling devices and also retro-reflectors specified in Paras.6.1. to 6.20. of AIS- 008, leads to an irresistible conclusion that, in order to ensure the safety of road users, the standards prescribed in AIS-008 deal with every minute detail of the installation of lighting and light-signalling devices for motor vehicles having more than three wheels, trailers and semi- trailers excluding agricultural tractors and special purpose vehicles.
22. In the order dated 26.06.2024 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, 16 SSCR No.30 of 2023 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.
23. By the order dated 26.06.2024, 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, are directed to take necessary steps to prevent the use of any contract carriages 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 the order dated 26.06.2024, it was made clear that, 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, 17 SSCR No.30 of 2023 is liable to be cancelled after complying with the statutory requirements.
24. Today, when this matter is taken up for consideration, the learned Special Government Pleader has made available for the perusal of this Court an Action Taken Report by the Joint Transport Commissioner, on behalf of the Transport Commissioner, Kerala, which would show that even contract carriages with modified wiring, openly flouting the safety standards in AIS-008 and even AIS-052-Code of Practice for Bus Body Design and Approval, for fixation of high-power audio system, internal rotating lights, etc., were detected in the recent inspections conducted by the Enforcement officers in the Motor Vehicles Department.
25. Today, when this matter is taken up for consideration, we have viewed in open Court a few videos and screenshots, which includes video in respect of a motor accident which occurred yesterday (08.07.2024), in which a few students who were crossing the road through pedestrian crossing with zebra line, were hit by a stage carriage at Madappalli in Kozhikkode district. A screenshot from that video, just before the accident, when the students were crossing the road through pedestrian crossing with zebra line is produced hereunder; 18 SSCR No.30 of 2023 Another video viewed in open Court is regarding the use of a Jeep, which had undergone extensive modifications, in public road, in Wynad, even without exhibiting the registration mark. The said vehicle, which is emitting thick smoke, is fitted with wide tyres protruding out of the mudguards. Two screenshots taken from that video clipping are extracted hereunder;
26. Despite the directions contained in the orders issued by this Court in SSCR No.20 of 2021, which was followed by the orders in this SSCR, the Enforcement Officers in the Motor Vehicles Department and the Police are unable to effectively prevent the use of vehicles in public place violating the standards prescribed in relation to road safety, control of noise and air pollution is evident from the video clippings viewed in open Court, which are being uploaded on 'YouTube', by the vloggers promoting such illegal activities, which includes even the registered owners of such vehicles or its drivers. Most of such vehicles are being used in public places, with unauthorised LED/Laser/Neon 19 SSCR No.30 of 2023 lights, etc., which are capable of dazzling the drivers of oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to their safety. A few screenshots taken from the videos viewed today in open Court are extracted hereunder;
27. As evident from the above screenshots, vehicles with extensive modification are being used for drifting and other performances in college campus. Some of such vehicles are even without any certificate of registration, which are being taken to the college campus in vehicles having registration as recovery vehicles, owned by the vloggers. The vehicles which are fitted with exhaust system emitting fumes and loud sound are being used in connection with such performances in college campus. Such vehicles are even 20 SSCR No.30 of 2023 being used on public place posing threat to the safety of other road users.
28. Even ambulances, which are classified as emergency vehicles, are fitted with such unauthorised fittings, which is evident from the screenshot of a video uploaded on 'YouTube' by a vlogger, who appears to be the driver of an ambulance, which is extracted hereunder; Even the retro reflectors fitted on the rear bumper of motor cars and SUVs are being altered with red light, openly flouting the safety standards prescribed in AIS-008. Even the 'type approved' tale lamps fitted on such vehicles by its manufacturer are replaced by after market tale lamps. Two screenshots taken from the video clipping uploaded on 'YouTube' by a vlogger are extracted hereunder;
21SSCR No.30 of 2023
29. Despite various directions being issued by this Court, the use of such motor vehicles in public places, which pose serious threat to the safety of other road users, cannot be effectively prevented by the Enforcement Officers in the Motor Vehicles Department and also by the Police. The learned Special Government Pleader shall obtain the report of the concerned Enforcement Officer in the Motor Vehicles Department regarding the use of the Jeep referred to hereinbefore at paragraph 25. The concerned Enforcement Officer shall take into custody that vehicle, if found necessary, with police assistance, and produce the same before the concerned Magistrate Court along with colour photographs pointing out the alterations, violations of safety standards, etc.
30. In such circumstances, we deem it appropriate to direct Registry to initiate a suo motu proceedings on the above aspect, after obtaining orders from the Honourable the Acting Chief Justice, which shall be numbered as 'Writ Petition (Civil)', and listed before this Bench dealing with suo motu case under the Motor Vehicles Act including PILs, on 11.07.2024, in which the Union of India represented by the Secretary (Road, Transport and Highways), Ministry of Road Transport and Highways; the State of Kerala, represented by the Chief Secretary to Government; the Secretary to Government, Transport Department; the Transport Commissioner, Kerala; and the State Police Chief, Kerala shall be arrayed as respondents. A copy of this order shall form part of that writ petition.
22SSCR No.30 of 2023
Registry to issue copy of the writ petition with colour screenshots/photographs to the learned Deputy Solicitor General of India in charge, the learned Special Government Pleader and also the learned Senior Government Pleader.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
HARISANKAR V. MENON, JUDGE bkn/-
09-07-2024 /True Copy/ Assistant Registrar