Kerala - Kochi   

Speed governors: Court directive to file counter-plea

Staff Reporter

Court wants to ascertain views of the Government

Kochi: A Division Bench of the Kerala High Court has directed the Transport Secretary to file a counter-affidavit within three weeks in response to a contempt petition filed against the Secretary for not complying with the court directive for installation of speed governors in heavy vehicles.

The Bench comprising Justice M. Ramachandran and Justice A.K. Basheer while admitting the petition said that the court wanted to ascertain the views of the Government before proceeding further. The contempt petition was filed by the Kochi-based Institute of Social Welfare.

The petitioner said that despite upholding the validity of the condition of the installation of speed governors by the High Court, no steps had been taken by the transport authorities for the installation of speed governors in heavy vehicles due to political and extraneous reasons. So, the High Court in 2002 directed the Transport Secretary and Regional Transport Authorities to ensure that all stage carriage permits and heavy transport permits contain a stipulation that a suitable speed governor would be installed. This was to prevent driving of heavy vehicles in excess of the notified speed.

Soon the All Kerala Bus Operators Association, Kerala State Lorry Owners Federation, Malappuram District Private Bus Operators Association and others had filed Special Leave Petitions (SLPs) challenging the High Court directive before the Supreme Court. The apex court had dismissed all the SLPs and granted time to the State Government for the implementation of the judgment till September 30, 2005.

The Government had also taken up the case with the Supreme Court on the ground that within a short span of time it was not possible to get all the stage carriages fitted with speed governors

Delivering the judgment, the Supreme Court had made it clear that the time would not be extended further. The petitioner said that the respondent was fully aware of the judgement as it had issued a communication to all the Deputy Transport Commissioners, Regional Transport Officers, and Joint Regional Transport Officers fixing a time schedule for the fixation of speed governors.

As per the schedule, all existing heavy goods vehicles had to be fitted with speed governors before June 30, 2005, while all existing heavy contract carriage vehicles and tourist vehicles should have installed the speed governors before July 31, 2005. All other existing heavy passenger vehicles should have the gadget installed before August 31, 2005, and the existing stage carriages before September 30, 2005, the petitioner pointed out.

While so, the owners of the stage carriages and heavy transport vehicles, including those who had filed petitions before the Supreme Court had started threatening the State Government that they would stop running their stage carriages, if the Government insisted on installation of speed governors. In other words, the implementation of the judgment of the High Court was opposed by these organisations. Buckling under pressure, the Government was not implementing the High Court directives for installation of speed governors, the petitioner alleged.

The petitioner pointed out that the concept of rule of law had been given a go-by by the Government.

For the sake of transport vehicle operators, the Government had blatantly violated the judgment of the High Court and Supreme Court.

The respondent was still supporting the violators of law by issuing fresh permits to new stage carriages and renewing the fitness certificate for such carriages. Besides, several persons are getting injured and dying in the accidents involving speeding heavy vehicles, the petitioner added.

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

Speed governors: Court directive to file counter-plea
Tourists at Fort Kochi caught in a cleft stick
Providing solace to the distressed
Narayanan mourned
Traffic curbs in city for Santosh Trophy
Anglo-Indian Associations' State meet
Spy cameras
A tale of the missing gown
Solidarity's campaign against corruption
Focussing on Information Act
Around the City
In Kochi Today

Copyright © 2005, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu