PIYUSH TEWARI Vs. CHIEF SECRETARY

JUDGEMENT

(1.) THE present Public Interest Litigation arises out of a letter dated 26th March, 2014 written by Save LIFE Foundation, New Delhi to the Director General of Police, Sikkim and a copy of which was endorsed to the Chief Justice of this Court. Considering the importance of the matter, the said letter was treated as Writ Petition (PIL). It was mentioned in the letter that the Government of India, Ministry of Road, Transport and Highways, vide G.S.R. 152(E) dated 5th March, 2014 has deleted the proviso from sub -rule (8) of Rule 93 of the Central Motor Vehicles Rules, 1989 (for short, 'the Rules of 1989'), which allowed for good carriages to be loaded with any pole or rods upto 1 meter beyond the rear most point of the motor vehicle. Since the proviso has been deleted, therefore, a ban should be imposed on the goods carrier from carrying protruding rods and poles. The contents of the letter are reproduced as under: -

(2.) THIS Court admitted the writ petition on 3rd April, 2014 and issued notices to (i) the Chief Secretary, Government of Sikkim, Gangtok; (ii) the Secretary, Home Department, Government of Sikkim, Gangtok; (iii) the Secretary, Transport Department, Government of Sikkim, Gangtok and (iv) the Director General of Police, Government of Sikkim, Gangtok.

(3.) THE matter was listed on 09th May, 2014 and the compliance report of respondent No. 3 was taken on record, however, this Court directed respondent No. 4, Director General of Police, to file his own affidavit about action taken and proposed action to be taken by him in this regard. Thereafter, respondent No. 4 also filed his own affidavit on 29.05.2014, wherein he reiterated the action taken by respondent No. 3, Secretary, Transport Department and further submitted that on 05th April, 2014, a direction was issued by him to all the District S.P.s and DIG, Range for strict compliance to the amendment made in the Central Motor Vehicle Rules. He has also stated in his affidavit that District S.Ps have submitted their reports to the DIG, Range, wherein all Police Officers including SDPOs, SHOs, traffic, field officers and all police out -posts and check -posts have been sensitized about the Central Motor Vehicle (2nd Amendment) Rules, 2014 (for short, 'the Amendment Rules of 2014') and to take action strictly if there is violation of amended Rules. The said affidavit/compliance report of respondent No. 4 was taken on record by this Court on 17th June, 2014.