Travancore Devaswom Board – Sabarimala Sree Dharmasasta Temple – Matter Pertaining to the Crowd Management and Transportation Facilities to the Devotees from Nilakkal to Pamba – Suo Motu Proceedings Initiated Based on News Items Appeared Mathrubhumi Daily and Manorama Daily on 18.07.2022 - Reg.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 1[ST] DAY OF AUGUST 2022 / 10TH SRAVANA, 1944 ``` ``` DBP NO.36 OF 2022 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – SABARIMALA SREE DHARMASASTHA TEMPLE – MATTER PERTAINING TO THE CROWD MANAGEMENT AND TRANSPORTATION FACILITIES TO THE DEVOTEES FROM NILAKKAL TO PAMBA – SUO MOTU PROCEEDINGS INITIATED BASED ON NEWS ITEMS APPEARED MATHRUBHUMI DAILY AND MANORAMA DAILY ON 18.07.2022 - REG. ``` ``` ------------ ``` ## **`PETITIONER:`** ## **`SUO MOTU`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.`** - **`2 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHENCODE, KAWDIAR, THIRUVANANTHAPURAM - 695003.`** - **`3 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM - 695003.`** - **`4 EXECUTIVE OFFICER, SABARIMALA DEVASWOM, DEVASWOM BOARD BUILDING, NANNTHANCODE, THIRUVANANTHAPURAM-695003.`** - **`5 CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE - VIGILANCE), TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM- 695003.`** - **`6 THE SUPERINTENDENT OF POLICE PATHANAMTHITTA - 689645.`** 2 DBP NO.36 of 2022 - **`7 THE CIRCLE INSPECTOR OF POLICE PAMBA POLICE STATION, SABARIMALA, PIN - 689662.`** - **`8 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695023. BY ADVS. GOVERNMENT PLEADER SC, TRAVANCORE DEVASWOM BOARD - TDB SC, KERALA STATE ROAD TRANSPORT CORPORATION - KSRTC DEEPU THANKAN`** ``` Sri.Rajmohan - SR.GP, Sri.G.Biju - SC for TDB ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP NO.36 of 2022 ## **O R D E R** ## Anil K. Narendran, J. This DBP is registered _suo motu_ based on news items that appeared in Mathrubhumi daily and Malayala Manorama daily dated 18.07.2022 regarding crowd management at Sabarimala Sannidhanam, in connection with ‘Karkidaka Pooja’. As per the news items, since the restrictions regarding number of pilgrims for Sabarimala dharshan has already been lifted, large number of pilgrims had dharshan on 16.07.2022 itself. On 17.07.2022, the number of pilgrims was around 30,000. Since entry of private vehicles are permitted only up to Nilakkal, pilgrims are taken in Nilakkal-Pamba chain service by KSRTC. Considering the increase in the number of pilgrims, KSRTC has increased the number of buses in the chain service. There were protests by the pilgrims on 17.07.2022, for not providing sufficient number of buses from Pathanamthitta depot of KSRTC. 2. On 19.07.2022, when this matter came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that KSRTC has not provided sufficient number of buses for Nilakkal-Pamba chain service. When there were complaints from the pilgrims, the Special Commissioner, Sabarimala, intervened and requested KSRTC to 4 DBP NO.36 of 2022 provide sufficient number of buses. The learned Standing Counsel for KSRTC submitted that, considering the number of pilgrims during the monthly pooja, KSRTC provided 27 buses for NilakkalPamba chain service. Since the number of pilgrims on 16.07.2022 was above 30,000, ten additional buses were provided. However, the Police directed KSRTC to suspend Nilakkal-Pamba chain service by 6.00 p.m. Thereafter, the chain service was resumed only at 12.00 midnight. On 17.07.2022 also the number of pilgrims was on the higher side. On that day, KSRTC operated 383 down trips using 27 buses. The learned Senior Government Pleader sought time to get instructions from the 7[th] respondent Circle Inspector of Police as to the reason for suspending Nilakkal-Pamba chain service on 16.07.2022, from 6.00 p.m. till 12.00 midnight. 3. By order dated 19.07.2022, this Court directed respondents 6 and 7 to inform in advance, the 4[th] respondent Executive Officer, Sabarimala and also the Special Commissioner, Sabarimala any restrictions imposed in the operation of NilakkalPamba chain service by KSRTC, so as to enable the Executive Officer to make necessary arrangements for the pilgrims at Nilakkal and Pamba. The submission made by the learned Standing Counsel for KSRTC that, depending upon the number of pilgrims, additional buses can be brought to Nilakkal for Nilakkal- 5 DBP NO.36 of 2022 Pamba chain service, was recorded. 4. On 20.07.2022, when this DBP was taken up for consideration, the learned Senior Government Pleader, on instructions from the 7[th] respondent Circle Inspector of Police, Pamba Police Station, submitted that, there was no restriction on the movement of pilgrims from Nilakkal to Pamba on 16.07.2022, from 06.00 p.m. to 12.00 midnight. The restriction was only from 10.00 p.m. to 12.00 midnight, since pilgrims are permitted to proceed from Pamba to Sannidhanam only by 2.00 a.m. The learned Standing Counsel for KSRTC submitted that Police is permitting parking of vehicles at Pamba hilltop. The learned Senior Government Pleader sought time to get instructions. 5. By the order dated 20.07.2022, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions as to whether sufficient number of hotels are opened at Pamba Manappuram and also at Sannidhanam, considering the number of devotees having darshan at Sabarimala during Karkidaka Pooja. The learned Standing Counsel was directed to make available for the perusal of this Court, the layout of the stalls at Pamba and Sannidhanam, before the next posting date. 6. The learned Standing Counsel for KSRTC has filed a 6 DBP NO.36 of 2022 ## statement dated 25.07.2022. Paragraphs 4 to 7 of that statement read thus: “4. It is submitted that KSRTC is operating sufficient number of buses for the transportation of pilgrims and the devotees from the parking ground at Nilakkal through KSRTC buses to Pamba for the past two years. On 17.07.2022, when the temple opened for Karkidaka Pooja, around 30,000 devotees had darshan. It is also pointed out that the Devaswom Board as well as the police officials, were expecting only less than 20,000 people for the Karkidaka pooja from 17.07.2022 to 21.07.2022. The corporation already provided 27 buses for this month as well. Since the number of pilgrims on 16.07.2022 was above 30,000 KSRTC provided 10 additional buses for facilitating transportation to the pilgrims as done earlier. But unfortunately on that day the police directed KSRTC to suspend Nilakkal-Pamba chain service by 6 pm, and thereafter it was resumed only on 17.07.2022 at midnight. 5. As there were restrictions on place and due to the surge in the number of devotees, there was a huge rush at Nilakkal when the Corporation resumed the operation of its buses at midnight on 16.07.2022. However, approximately 10,000 passengers travelled from Nilakkal to Pamba. 6. On 17.07.2022 also, the number of pilgrims was higher than expected by the Travancore Devaswom Board and the police officials. Considering the surge in the number of devotees, the Corporation provided 10 more buses. In total, the Corporation operated 394 trips from Nilakkal to Pamba and 390 trips from Pamba to Nilakkal on 17.07.2022 and carried around 20488 devotees from Pamba to Nilakkal and 7 DBP NO.36 of 2022 20280 devotees from Nilakkal to Pamba, in the 37 buses operated on that day. The corporation operated 27 non-A/C buses and 10 A/C low floor buses on 17.07.2022. 7. It is further submitted that the minimum required time to complete a trip from Nilakkal to Pamba is 30 minutes; however, in view of the continuous rain that happened on 17.07.2022, the buses took more than 40 minutes to reach Pamba from Nilakkal and for the return trip. The restrictions imposed were the main reason behind the protest by the pilgrims at Nilakkal. It is pertinent to point out that rain also played a major role in worsening the situation. 7. In the statement filed on behalf of the 8[th] respondent KSRTC, it is stated that, there was no lack of preparation on the part of the Corporation in providing a sufficient number of buses to carry the pilgrims. The Corporation is ready and willing to provide any number of buses, in case of a surge in the crowd, either on the demand of the Travancore Devaswom Board or from the Police officials. The Corporation is taking effective steps to run more buses during the upcoming Mandala pooja, without affording any opportunity for complaints from any side. The Corporation is willing to obey any direction of this Court for the betterment of the devotees. The Corporation is operating sufficient number of buses for the transportation of pilgrims and the devotees from the parking ground at Nilakkal to Pamba for the past two years. The Corporation operates special services in connection with Mandala- 8 DBP NO.36 of 2022 Makaravilakku season, other festive seasons and also Maasapooja from its various depots, i.e., Thiruvananthapuram, Punalur, Kottarakkara, Chengannoor, Kottayam, Erumely, Pathanamthitta, Ernakulam, Kumali, etc. Distant services to various destinations are operated through Pamba Bus station. A comparative chart of Sabarimala pilgrimage service operated by KSRTC in the previous years, furnished in paragraph 11 of the statement is extracted hereunder; |nder;|||| |---|---|---|---| |Years|2020|2021|2022| |Buses operated|211|210|288| |Trips|49571|7912|66066| |Passengers|5227150|255842|23934490| A month-wise chart during 2020-22 is produced as Annexure A, along with the statement. 8. Along with the memo dated 25.07.2022 filed by the learned Senior Government Pleader, the report of the 7[th] respondent Station House Officer, Pamba Police Station, was placed on record, wherein it is stated that, in connection with Karkkidaka Pooja, the Police made all security arrangements at Nilakkal, Pamba and Sannidhanam on 16.07.2022, from 10.00 a.m. On 16.07.2022, at 01.00 p.m. all devotees were allowed to proceed from Pamba to Sannidhanam for dharshan. On 16.07.2022, due to heavy rush of the devotees, the temple was 9 DBP NO.36 of 2022 closed only at 10.00 p.m. Though the total number of devotees booked online for dharshan was around 4506, the actual number of devotees who had dharshan on 16.07.2022 was 8481. During maasapooja, the temple will remain open from 05.00 a.m. till 10.00 p.m. Between 10.00 p.m. and 12.00 a.m., after the closure of the temple, no devotees are allowed to proceed from Nilakkal to Pamba. This restriction is imposed to ensure the safety and security of the devotees and to avoid rush at Pamba and Sannidhanam. On 17.07.2022 from 12.00 a.m. onwards, the devotees were allowed to proceed to Pamba, due to heavy rush by the devotees at Nilakkal. The Police did not block any vehicle or devotees from Nilakkal to Pamba on 16.07.2022 from 01.00 p.m. to 10.00 p.m. If the police had blocked any vehicle or devotees at Nilakkal on 16.07.2022, between 06.00 p.m. to 10.00 p.m., it would have created heavy rush and discomfort to the devotees. On 17.07.2022, from 00.00 hrs to 22.00 hrs, around 29,920 devotees had dharshan at Sannidhanam. All security arrangements and safety of the devotees were ensured by the Police, in a proper manner. 9. Heard the learned Senior Government Pleader for respondents 1, 6 and 7, the learned Standing Counsel for Travancore Devaswom Board, for respondents 3 to 5, and also the 10 DBP NO.36 of 2022 learned Standing Counsel for the 8[th] respondent KSRTC. 10. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. As per Section 3, t he administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under the Devaswom Proclamation, 1097 M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E. which were under the management of the Ruler of Travancore prior to the first day of July, 1949, except the Sree Padmanabhaswamy Temple, Sree Pandaravaka properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the TDB. 11. Section 15A of the Act, inserted by Act 5 of 2007, with 11 DBP NO.36 of 2022 effect from 12.04.2007, deals with duties of the Board. As per Section 15A, i t shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 12. In view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore, 12 DBP NO.36 of 2022 conclusion is irresistible that, the administration of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the Act, and all its properties and funds shall vest in the TDB. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage. Under the provisions of the Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practise prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. 13. The specific stand taken in the report of the 7[th] respondent Station House Officer, Pamba Police Station is that, in connection with Karkidaka Pooja, the Police made all security arrangements at Nilakkal, Pamba and Sannidhanam on 16.07.2022, from 10.00 a.m. During maasapooja, Sabarimala Temple will remain open from 05.00 a.m. till 10.00 p.m. Between 10.00 p.m. and 12.00 a.m., after the closure of the temple, no 13 DBP NO.36 of 2022 devotees are allowed to proceed from Nilakkal to Pamba. This restriction is imposed to ensure the safety and security of the devotees and to avoid rush at Pamba and Sannidhanam. On 16.07.2022, due to heavy rush of the devotees, the temple was closed only at 10.00 p.m. Though the total number of devotees booked online for dharshan was around 4506, the actual number of devotees who had dharshan on 16.07.2022 was 8481. Between 10.00 p.m. and 12.00 a.m., after the closure of the temple, no devotees are allowed to proceed from Nilakkal to Pamba. This restriction is imposed to ensure the safety and security of the devotees and to avoid rush at Pamba and Sannidhanam. On 17.07.2022, 00.00 hrs to 22.00 hrs, around 29,920 devotees had dharshan at Sannidhanam and the police made necessary arrangements to ensure the safety of the devotees, in a proper manner. 14. The pleadings on record and also the submissions made at the Bar would show that, during Karkidaka pooja the Travancore Devaswom Board, Police and KSRTC expected only less number of pilgrims per day. As usual, KSRTC provided 27 buses for Nilakkal - Pamba chain service during Karkidaka pooja. Since the number of pilgrims on 16.07.2022 was on the higher side, KSRTC provided 10 additional buses for facilitating transportation 14 DBP NO.36 of 2022 to the pilgrims. On 17.07.2022 as well, the number of pilgrims was on the higher side. The specific stand taken in the statement filed on behalf of the 8[th] respondent KSRTC is that, the Corporation is ready and willing to provide any number of buses, in case of a surge in the crowd, either on the demand of the Travancore Devaswom Board or from the Police officials. It is stated in the report of the Station House Officer, Pumba Police Station that, between 10.00 p.m. and 12.00 a.m., after the closure of the temple, no devotees are allowed to proceed from Nilakkal to Pamba. Such a restriction has been imposed to ensure the safety and security of the devotees and to avoid rush at Pamba and Sannidhanam. 15. Having considered the pleadings on record and also the submissions made at the Bar we deem it appropriate to direct respondents 6 and 7 to inform in advance, the 4[th] respondent Executive Officer, Sabarimala and also the Special Commissioner, Sabarimala any restrictions imposed in the operation of NilakkalPamba chain service by KSRTC, so as to enable the Executive Officer to make necessary arrangements for the pilgrims stranded at Nilakkal and Pamba. Depending upon the number of pilgrims, KSRTC shall provide additional buses for Nilakkal-Pamba chain service, in order to ensure that the number of passengers carried 15 DBP NO.36 of 2022 on each vehicle does not exceed the permitted passenger capacity (including standing capacity, if any). 16. In **Avishek Goenka v. Union of India [(2012) 5 SCC 321 : 2012 (2) KHC 394]** , 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 said 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 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 the ‘public safety’ is evident from the object and reasons of the Motor Vehicles Act, the 16 DBP NO.36 of 2022 provisions of the said Act and more particularly, the rules framed thereunder. 17. In **Jijith v. State of Kerala [2019 (1) KHC 463]** , a decision rendered by one among us (Anil K. Narendran, J.), after referring to the provisions under Rule 102 to Rule 111 of the Central Motor Vehicles Rules, this Court held that a motor vehicle shall be fitted with only the signalling devices, reflectors and lamps as specified thereunder. The number, position, colour and specifications of the lamps, direction indicators and reflectors are dealt with in detail in those provisions. As per the mandate of Rule 102 to Rule 111 of the CMV Rules, the lamps, direction indicators and reflectors fitted on a motor vehicle has to be maintained as specified thereunder, failing which it cannot be said that such vehicle complies with the provisions of the MV Act and the rules made thereunder. Paintwork of every transport vehicle shall be maintained in a clean and sound condition, as contemplated by Rule 264 of the Kerala Motor Vehicles Rules, 1989. While approving the matter intended to be exhibited on the vehicle, in exercise of the powers under sub-rule (2) of Rule 191 of the Kerala Motor Vehicles Rules, the State or the Regional Transport Authority shall ensure that it does not cause distraction to the drivers of other vehicles and also cyclists and pedestrians on 17 DBP NO.36 of 2022 public road. No approval under sub-rule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc. on the body of a transport vehicle, at places intended for exhibiting the name and address of the operator as per clause (g) of Section 84 of the MV Act; the ‘emergency information panel’ as per Rule 134 of the CMV Rules for goods carriages used for transporting any dangerous or hazardous goods; the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules; etc. 18. In **Saji K.M. v. Deputy Transport Commissioner,** **Thrissur and others [2019 (3) KHC 836]** , a decision rendered by one among us (Anil K. Narendran, J.), this Court held that, in view of the provisions under Rule 100 of the Central Motor Vehicles Rules and the law laid down by the Apex Court in **Avishek Goenka v. Union of India [(2012) 5 SCC 321 : 2012** **(2) KHC 394]** and **Avishek Goenka (2) v. Union of India [(2012) 8 SCC 441]** , tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows of a motor vehicle, either by pasting any material upon the safety glass or by fixing sliding ‘cloth curtains’, etc. are legally impermissible. No approval under subrule (2) of Rule 191 of the Kerala Motor Vehicles Rules shall be 18 DBP NO.36 of 2022 granted for exhibition of any advertisements, writings, figures, graphics, etc. on the safety glasses of a transport vehicle, which shall always be maintained in such a condition that the visual transmission of light is not less than that prescribed under subrule (2) of Rule 100 of the Central Motor Vehicles Rules. 19. In **Saji K.M. [2019 (3) KHC 836]** this Court held that the law laid down by this Court in **Jijith [2019 (1) KHC 463]** is equally applicable in the case of transport vehicles owned/operated by KSRTC and KURTC. While approving the matter intended to be exhibited on a transport vehicle operated by KSRTC or KURTC, in exercise of the powers under Rule 191 of the KMV Rules, subject to the conditions, if any, laid down by the State Government under the first proviso to sub-rule (1) of Rule 191 of the Kerala Motor Vehicles Rules, the competent authority shall ensure that it does not cause distraction to the drivers of other vehicles and also cyclists and pedestrians on public road. No approval shall be granted for exhibition of any advertisements, writings, figures, graphics, etc. on the body of a transport vehicle owned/operated by KSRTC or KURTC, at places intended for exhibiting the name and address of the operator as per clause (g) of Section 84 of the Motor Vehicles Act; the particulars enumerated in clauses (a) to (g) of Rule 93 of the Kerala Motor 19 DBP NO.36 of 2022 Vehicles Rules; the reflectors and reflective tapes as per Rule 104 of the Central Motor Vehicles Rules. Similarly, in view of the provisions under Rule 100 of the Central Motor Vehicles Rules and the law laid down by the Apex Court in **Avishek Goenka [(2012)** **5 SCC 321]** and **Avishek Goenka (2) [(2012) 8 SCC 441]** , tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows of transport vehicles owned/operated by KSRTC or KURTC, either by pasting any material upon the safety glass or by fixing sliding ‘ ’ cloth curtains , etc. are legally impermissible. No approval under Rule 191 of the Kerala Motor Vehicles Rules, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc. on the safety glasses of such transport vehicles, which shall always be maintained in such a condition that the visual transmission of light is not less than that prescribed under subrule (2) of Rule 100 of the Central Motor Vehicles Rules. 20. In **Saji K.M. [2019 (3) KHC 836]** this Court held that, as per the mandate of sub-rule (1) of Rule 92 of the Central Motor Vehicles Rules, no person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of Chapter V of the said Rules (which deals with construction, equipment and maintenance of motor vehicles). 20 DBP NO.36 of 2022 Therefore, the Enforcement Officers in the Motor Vehicles Department and also the Police have to take necessary action against the vehicles owned/operated by KSRTC and KURTC which are used in public place after tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows of such vehicles, either by pasting any material upon the safety glass or by fixing sliding ‘cloth curtains’, etc. Action shall also be taken for exhibiting advertisements, figures, etc. causing distraction to the drivers of other vehicles and also cyclists and pedestrians on public road. 21. The law laid down in the decisions referred to supra has been reiterated in our order dated 10.01.2022 in SSCR No.20 of 2021 **[2022 SCC OnLine Ker 1105 : CDJ 2022 Ker HC 203]** . Paragraphs 119 to 121 of the said order read thus; “119. As evident from the image of the vehicles involved in the accident which occurred on 09.12.2021, at Amalagiri in State Highway-220, which is reproduced hereinbefore at paragraph 77, various objects have been placed/hanged in front of the windscreen of contract carriage bearing No.AP05/TT-7929, causing obstruction to the clear vision of the driver to the front, in violation of the provisions under Rule 339 of the Andhra Pradesh Motor Vehicles Rules, which is pari materia to Rule 278 of the Kerala Motor Vehicles Rules. As per the report of the Joint Regional Transport Officer, the said contract carriage hit on the rear of Tempo Traveller bearing 21 DBP NO.36 of 2022 No.AP-39/TB-1599, which moved forward and ran over two passengers (Sabarimala pilgrims) who were standing on the road, in front of that Tempo Traveller. The image of another Tempo Traveller involved in an accident, which occurred on 22.12.2021, along Edappally-Vyttila stretch of Ernakulam bypass in National Highway-66, is reproduced hereinbefore at paragraph 78. In that accident, sixteen Sabarimala pilgrims from Telangana, which included two children aged 11 and 13 years, sustained injuries. As per the news report, the Tempo Traveller in which they were travelling rammed into a lorry, around midnight, while the driver of that lorry was taking a reverse. Most of the transport vehicles in the State are being used on public place without maintaining lighting and lightsignalling devices and also retro-reflectors, at rear, as per the individual specifications specified in AIS-008. Transport vehicles, which do not have proper reverse lamp with white light, poses potential threat to the safety of other road users. 120. In the aforesaid circumstances, we deem it appropriate to dispose of this SSCR with the following directions; (I) The 2[nd] respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department, and the 3[rd] respondent State Police Chief, through the District Police Chief of the concerned Districts shall ensure strict enforcement of the Road Safety Policy and also the provisions under the Motor Vehicles (Driving) Regulations, 2017, in terms of the directions contained in the decision of the Apex Court in **S. Rajaseekaran v. Union of India [(2018) 13 SCC 516]** and they shall also ensure strict enforcement of the prohibition contained in the decision of the Apex Court in **Avishek Goenka v.** 22 DBP NO.36 of 2022 **Union of India [(2012) 5 SCC 321]** , against tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows of motor vehicles. (II) In view of the law laid down in the decisions in **Jijith** **and others v. State of Kerala and others [2019 (1) KHC 463]** , **Saji K.M. v. Deputy Transport Commissioner [2019 (3) KHC 836]** and **Principal, Sabari PTB Smaraka H.S.S. v. Additional Registering Authority and others [2020 (2) KLJ 662]** the 2[nd] respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department, and the 3[rd] respondent State Police Chief, through the District Police Chief of the concerned Districts, shall prevent the use of contract carriages and other transport vehicles on public place **(i)** flouting the safety standards prescribed in AIS008 and AIS-052 (Rev.1) 2008, after replacing the - prototype approved lights, light signalling devices and - - reflectors with after market multi coloured LED/laser/neon lights, flash lights, etc.; **(ii)** without maintaining lighting and light-signalling devices and also retro-reflectors as per the individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. - specified in AIS 008; **(iii)** with high-power audio systems producing loud sound with rating of several thousand watts PMPO, impairing the hearing of the driver and the passengers and causing distraction to other road users; **(iv)** with continuously blinking DJ rotating LED lights, multi-coloured LED/laser/neon 23 DBP NO.36 of 2022 lights in the passenger compartment, by converting the passenger compartment as a dancing floor, causing distraction to the driver of that vehicle and also to other road users; **(v)** with multi-coloured LED/laser/neon lights and also booster amplifiers, equalizer, DJ mixer, etc., with illuminated control panels in the driver cabin, causing glare and reflection of light on the windscreen of the vehicle, endangering the safety of the passengers and other road users; **(vi)** mixing up of AC and DC power supply for highpower audio systems with DJ mixer, DJ dancing lights, laser lights, etc., violating safety standards, posing a potential fire hazard to the passengers of such vehicles; **(vii)** tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows, by pasting stickers, tint films, etc. upon the safety glass, fixing sliding cloth cutrains, etc., in violation of subrule (2) of Rule 100 of the Central Motor Vehicles Rules; **(viii)** placing/hanging various objects in front of the windscreen and writing the name of the bus in the middle of the windscreen, above the level of the dashboard, causing obstruction to the clear vision of the driver, both to the front and through an angle of ninety degrees to his right or left hand side, in violation of Rule 278 of the Kerala Motor Vehicles Rules; and **(ix)** exhibiting writings, advertisements, graphics, figures, etc. with the sole object to invite public attention and to promote the contract carriage service, causing distraction to the drivers of other vehicles and also cyclists and pedestrians on public 24 DBP NO.36 of 2022 road; since use of such vehicles in public place, flouting the standards in relation to road safety, is likely to endanger the safety of the passengers of such vehicles and also other road users. - (III) The 2[nd] respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department, and the 3[rd] respondent State Police Chief, through the District Police Chief of the concerned Districts, shall prevent the use of contract carriages and other transport vehicles on public place with - - multi toned horn giving a succession of different notes or horn giving unduly harsh, shrill, loud or alarming noise, in violation of sub-rule (2) of Rule 119 of the Central Motor Vehicles Rules. - (IV) In view of the provisions under sub-section (2) of Section 190 of the Motor Vehicles Act, any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise - - and air pollution, shall be punishable for the first offence with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months and for any second or subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both. Therefore, any person, who drives or causes or allows to be driven in any public place a contract carriage or other transport vehicle, violating the standards prescribed in AIS-008 25 DBP NO.36 of 2022 and AIS-052 (Rev. 1) 2008, without maintaining lighting and light-signalling devices and also retroreflectors as per the individual specifications, namely, number, position, width, height, length, geometric - visibility, orientation, etc. specified in AIS 008; or - after replacing the prototype approved lights, light - signalling devices and reflectors with after market - multi coloured LED/laser/neon lights, flash lights, etc., shall be proceeded against under sub-section (2) of Section 190 of the said Act for an offense punishable with the imprisonment and fine specified in that subsection and he shall be disqualified for holding licence for a period of three months and for any subsequent offence with imprisonment and fine as specified in that sub-section. - (V) In view of the provisions under sub-section (4) of Section 206 of the Motor Vehicles Act, inserted by Section 88 of the Motor Vehicles (Amendment) Act, 2019, with effect from 01.10.2020, a police officer or other person authorised in this behalf by the State Government shall seize the driving licence held by the driver of a motor vehicle who has committed an offence under Section 190 and forward it to the licensing authority for disqualification or revocation proceedings under Section 19. - (VI) A transport vehicle governed by AIS-008, which is not - - installed with lighting and light signalling devices and - - also retro reflectors referred to in Para.6.0, conforming to the individual specifications for such lighting and light-signalling devices and also for retroreflectors prescribed in Paras.6.1 to 6.20, or a 26 DBP NO.36 of 2022 transport vehicle governed by AIS-008, which is - installed with lighting and light signalling devices or - retro reflectors other than those referred to in Para.6.0, cannot be granted fitness certificate, since such a vehicle cannot be treated as a vehicle which complies with the provisions of the Motor Vehicles Act and the Rules made thereunder, for the purpose of grant of certificate of fitness. The certificate of fitness granted to such vehicle shall be cancelled by the prescribed authority, in accordance with the provisions under sub-section (4) of Section 56 of the Motor Vehicles Act. In appropriate cases, the registering authority shall initiate proceedings to suspend or cancel the letter of authority granted or renewed - under sub rule (5) of Rule 63 of the Central Motor Vehicles Rules or forfeit security deposit, after affording the holder of letter of authority an opportunity of being heard. 121. The 2[nd] respondent Transport Commissioner and the 3[rd] respondent State Police Chief shall file action taken reports before this Court on or before 01.07.2022, which shall be placed before the Bench on 11.07.2022. Registrar General shall forward a copy of this judgment to the Secretary of Supreme Court Committee on Road Safety for information.” 22. The use of any transport vehicle, which does not comply with the provisions of Chapter V of the Central Motor Vehicles Rules, is posing potential threat to the safety of the passengers and other road users. The directions contained in our 27 DBP NO.36 of 2022 order dated 10.01.2022 in SSCR No.20 of 2021 **[2022 SCC OnLine Ker 1105 : CDJ 2022 Ker HC 203]** have to be complied with by KSRTC/KURTC, while operating their services, in order to ensure the safety of the passengers and other road users. The Enforcement Officers in the Motor Vehicles Department and the Police shall take stern action against the operation of any transport vehicle by KSRTC/KURTC flouting the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. 23. In the result, this DBP is disposed of with the directions contained hereinbefore at paragraphs 15 and 22. Sd/- **ANIL K. NARENDRAN JUDGE** Sd/- **P.G. AJITHKUMAR JUDGE** PV