The Hindu : Karnataka News : Supreme Court stays order on speed governors

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Wednesday, Feb 27, 2008
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Karnataka

Karnataka

Supreme Court stays order on speed governors

J. Venkatesan

New Delhi: The Supreme Court on Tuesday stayed a Karnataka High Court judgment making it mandatory for all transport vehicles in the State to be fitted with speed governors within the specified time limit.

A three-Judge Bench of Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice J.M. Panchal stayed the judgment on special leave petitions (SLPs) filed by the Association of Commercial Vehicle Operators and Karnataka and Mysore Rasthe Sthaliya Saraku Saganike Malikara Sangha, challenging the judgment.

The Bench, after hearing senior counsel P.P. Rao, stayed the operation of the judgment till March 10, when the matter would come up for further hearing.

The counsel submitted that the High Court gave the judgment when the issue of speed limit was pending before a committee constituted by the Centre.

He said the High Court should have waited for the recommendations of the committee.

The petitioners said that according to the judgment, no new vehicle could be registered unless it was fitted with a speed governor.

The existing registered vehicles were to be fitted with speed governors when they seek renewal of fitness certificate.

A substantial question of law had arisen in the appeals, viz whether the High Court, acting in a public interest litigation, could have substituted its own discretion to that of the Government.

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