The Kerala High Court in the case Suo Motu v. State of Kerala & Ors observed while adjudicating upon a suo motu case regarding the increasing number of road accidents. The Kerala High Court asked the State government to file a report on the incident where a tourist bus caught fire after firecrackers were set off on its roof before last month, venturing on a college excursion.
The Division bench comprising of Justice Anil K Narendran and Justice P.G Ajith Kumar observed and listed the matter urgently after a news report of the incident caught its eye. The bench also condemned the continued flouting of road safety regulations despite repeated orders for their strict implementation.
It was observed that the state of affairs, as disclosed from the news report that appeared in print and visual media make it explicitly clear that even after the orders of this Court the contract carriages are being used in public places flouting the safety requirements, posing a potential threat to the safety of passengers and other road users.
It was observed that a wide public had garnered after the incident and after a video captured by a student went viral on social media, following by the news reports which suggested that certain bus operators had set off fireworks on the roof of the bus to celebrate the advent of the college excursion.
That video of the incident was viewed by the bench in open court and condemned the reckless violation of its earlier order wherein it had specifically warned against the use of certain equipment and technology on motor vehicles since apart from posing a potential fire hazard to the passengers, such high-power systems violate safety standards.
The court also observed that such violations continued despite the Motor Vehicles Department promptly acting against contract carriages using unauthorised lights and sound systems that distract other motorists and could potentially cause accidents.
The Special Government Pleader sought time to get instructions on the incident, it was also directed by the court to him to get instructions as to whether such vehicles were being used in schools as educational institution buses on a contract basis, and by the Kerala State Road Transport Corporation for tourism promotion, when the matter was taken up.
The court further directed the Transport Commissioner and State Police Chief to ensure through their officers that colour photographs and video clippings of the exterior body of the contract carriage or transport vehicle, the driver cabin, and the passenger cabin are enclosed along with the accident or inspection report.
The court also directed the authorities and were asked to make sure that a person who drives or causes/allows to be driven a transport vehicle in any public place flouting the safety standards and the standards prescribed in relation to control of noise and is proceeded against in accordance with the law.
Accordingly, the matter will be taken up next on 8th July.
