LAWS(DLH)-2008-9-217

COURT ON ITS OWN MOTION Vs. STATE

Decided On September 24, 2008
COURT ON ITS OWN MOTION Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The gravity of repeated accidents caused by Private Stage Carriage buses, commonly called Blue Line buses, leading to loss of life and limb has been engaging the attention of this Court for quite some time. Acting upon the newspaper reports all of which spoke of the terror let loose on the roads of Delhi by Blue Line buses, the Court initiated a suo motu action on 10th July, 2007. The Court took note of the fact that in spite of a public outcry in face of persistent and fatal accidents by the Blue Line buses, no effective deterrent action appears to have been taken to curb the menace to the pedestrians and commuters, posed by Blue Line buses. Initially vide order dated 10th July, 2007 the Court framed six questions seeking response thereon from the respondents. After referring to the directions given by the Supreme Court in M.C. Mehta v. Union of India and others, (1997) 8 SCC 770 and the subsequent orders in same case, the Delhi Administration was directed to file affidavit within three weeks indicating the response on the six points. The point (b) framed by the Court was as follows:- "What action is taken against a bus involved in a fatal accident and what further action is taken against a driver involved in a fatal accident?"

(2.) On 31st July, 2007 this Court was pleased to frame twelve additional questions and directed the Govt. of the NCT of Delhi to furnish their response on the said twelve issues. Issue No. 5 which is material is as follows:

(3.) On 8th October, 2007, this Court taking note of the gruesome accident caused by a Blue Line bus where seven persons including five women and one infant lost their lives for no fault of theirs by being run over by a deviant Blue Line bus decided to have another emergent look at the operation of the Blue Line vehicles. A notice was issued to the Blue Line Operators Association and the Delhi Administration to show cause as to why: