The Hindu : Kerala / Kochi News : Installation of speed governors may be delayed

Online edition of India's National Newspaper
Friday, Dec 30, 2005

Kerala

Kerala - Kochi

Installation of speed governors may be delayed

Staff Reporter

Counter-affidavit seeks to justify Government decision

Kochi: With the Transport Secretary filing an affidavit justifying the Government decision to postpone the implementation of the High Court directive, the installation of speed governors in heavy vehicles would be delayed.

In response to a contempt petition pending before the Kerala High Court, the Transport Secretary in a counter affidavit said that in view of the strike threat by the operators of tanker lorries, the Chief Minister and the Transport Minister had convened a meeting on September 1, 2005. The affidavit said all arguments put forth by the vehicle owners against the installation of speed governor were not correct in toto. But, certain pertinent points raised by them could not be ignored either. "It is a handicap that Kerala alone is implementing the same due to which permit holders in Kerala are subjected to discrimination in comparison to other States' operators, especially with regard to rendering quick service, etc., and thereby equality of opportunity guaranteed under the Fundamental Rights of the Constitution of India is denied to them." It was on the basis of the said decision that the State Government had decided to rescind the notification on implementing the speed governors.

The counter affidavit also stated that till the publication of the new notification on October 15, 2005, the notification had been implemented by refusing to register new heavy transport vehicles and to issue fitness certificate to old Heavy Transport Vehicles and by checking vehicles despite protests from vehicle owners. Action against more than 500 vehicles had been taken in this regard.

The contempt petition filed by the Kochi-based Institute of Social Welfare submitted a reply refuting the allegations contained in the affidavit. Along with the reply affidavit, the petitioner also produced the order of the Karnataka Government by which speed governors were directed to be installed in vehicles in Karnataka.

According to the petitioner, the High Court had earlier directed the then Transport Secretary and Transport Commissioner to ensure that all stage carriages were fitted with speed governor on or before February 29, 2004. The case had since been adjourned to March 12, 2004 for filing a report of compliance. But they moved the Supreme Court on the ground that within a short span of time, it was not possible to install speed governors in all stage carriers. Taking into consideration all the aspects, the Supreme Court had granted the Government time till September 30, 2005 to comply with the judgment.

The petitioner said that there were as many as 4.55 lakhs heavy vehicles in the State and the respondents had not taken any step to implement the judgment before the stipulated time. The petitioner said that fresh permits were issued and renewed without installation of speed governors.

Had the speed governors been installed, it would have saved the life of at least some of persons and by not implementing the judgment, the respondent was liable for manslaughter and appropriate action be taken for such irresponsible action, the petitioner pleaded.

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