The Hindu : New Delhi News : Apex court stays interim order on speed governors

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Tuesday, Mar 11, 2008
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New Delhi

Apex court stays interim order on speed governors

J. Venkatesan

HC asked to dispose of main petition fast

High Court order had made speed governors mandatory
Stay will operate till the disposal of the
main petition

New Delhi: The Supreme Court on Monday stayed a Karnataka High Court interim order making it mandatory for all existing and new commercial vehicles (to be registered) 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 Altamas Kabir and Justice J.M. Panchal stayed the order on special leave petitions filed by the Federation of Karnataka Lorry Owners’ Association, the Karnataka Government and Mysore Rasthe Sthaliya Saraku Saganike Malikara Sangha.

The Bench after hearing counsel for the parties stayed the impugned order and asked the High Court to dispose of the main public interest litigation petition at the earliest. The Bench said that the stay would operate till the disposal of the main petition.

Senior counsel P.P. Rao, appearing for the association and others 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 before pronouncing the verdict.

Counsel said that as per the judgment no new vehicle could be registered unless it was fitted with speed governor. The existing registered vehicles were to be fitted with speed governor when they seek renewal of fitness certificate. Mr. Rao said that the State Government was waiting for the response of the Centre, which was vested with the powers to bring uniform standards for the country.

Appearing for the manufacturers, senior counsel Soli Sorabjee pointed out that the rate of accidents in India was the second highest in the world and in 2006 there were 43,280 accidents in the country, of which 7,939 were in Karnataka.

He said the manufacturers were prepared to install speed governors in vehicles free of cost.

Senior counsel C.A. Sundaram, appearing for the respondent/petitioner justified the impugned order.

The Chief Justice told the counsel that accidents were caused due to various factors and lack of speed governors could be one of them. However at the end of the arguments, the Bench stayed the impugned order and disposed of the SLPs.

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