S.RAJASEEKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Shri Gaurav Agrawal, learned Senior Advocate appointed as Amicus Curiae, Shri Vikramjit Banerjee, learned ASG and Shri Kishan Chand Jain, learned counsel.

(2.) The issue is of implementation of Sec. 136A of the Motor Vehicles Act, 1988 (for short, "the 1988 Act") which was brought on the statute book with effect from 1/4/2021. Sec. 136A of the 1988 Act reads thus:

(3.) According to us, Sec. 136A of the 1988 Act is a very innovative provision which will help all the State Governments in ensuring that road discipline is maintained and the provisions of the 1988 Act and the Rules framed thereunder are scrupulously followed. If Sec. 136A is implemented, the State machinery will easily get the data and information of the vehicles and individuals which are offending the provisions of the 1988 Act and the Rules framed thereunder, so that those who are violating the provisions can be prosecuted. Today, violators can be hauled up only if the violations are noticed by the Police. Road discipline and implementation of 1988 Act and the Rules framed thereunder have direct nexus with the road safety.