LAWS(KER)-2022-6-348

SUO MOTU Vs. STATE OF KERALA

Decided On June 26, 2022
SUO MOTU Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This Report filed by the Special Commissioner, Sabarimala, regarding the functioning of Safe Zone Project, Sabarimala, by the Motor Vehicles Department was disposed of by the order dtd. 10/1/2022 [2022 SCC OnLine Ker 1105 : CDJ 2022 Ker HC 203] with the directions contained in paragraph 120 of the said order. The 2nd respondent Transport Commissioner and the 3rd respondent State Police Chief were directed to file action taken reports before this Court on or before 1/7/2022, which was directed to be place before the Bench on 11/7/2022. Registrar General was directed to forward a copy of the said order to the Secretary, Supreme Court Committee on Road Safety for information. Despite the directions contained in the order dtd. 10/1/2022, the Enforcement Officers under the 2nd respondent Transport Commissioner and the Police Officers under the 3rd respondent State Police Chief are not taking earnest efforts to ensure strict enforcement of the provisions under the Motor Vehicles Act and the Rules and Regulations made thereunder, taking note of the law laid down in the decisions referred to supra and also in the order of this Court dtd. 10/1/2022. Though, by the order dtd. 10/1/2021, the 2nd respondent Transport Commissioner and the 3rd respondent State Police Chief were directed to file action taken reports before this Court on or before 1/7/2022, which were directed to be placed before the Bench on 11/7/2022, we have directed Registry to list this matter before Bench today, since for the last few months several contract carriages were involved in major accidents, in which the passengers in those vehicles and other road users sustained serious/fatal injuries. Since the use of such vehicles on public place is posing potential threat to the safety of the passengers and other road users, the learned Assistant Solicitor General of India was requested to address arguments on behalf of the Ministry of Road Transport and Highways. We viewed in open court a few video clippings of motor accidents involving contract carriages and use of contract carriages fitted with unauthorised LED/laser/neon lights in public place, downloaded from 'YouTube'.

(2.) Paragraphs 119 to 121 of the order dtd. 10/1/2022 in S.S.C.R.No.20 of 2021 read thus;

(3.) As per the report dtd. 21/12/2021 of the Special Officer, Safe Zone Project, which was enclosed along with the report of the Special Commissioner, Sabarimala, Safe Zone Project 2021-22 was operational from 15/11/2021, on the commencement of Mandala-Makaravilakku Festival. Safe Zone Project has attended 40 major accidents, 758 major break downs and 536 minor break downs.