IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34408 of 2009(S)
1. KASARGODE DIST.TWO-WHEELERS ASSOCIATION-
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. STATE OF KERALA,
3. SRI.JACOB PUNNOOSE,
4. SRI.TOMIN THACHANKARI,
5. SUPERINTENDENT OF POLICE,
6. DEPUTY SUPERINTENDENT OF POLICE,
7. CIRCLE INSPECTOR OF POLICE,
8. SUB INSPECTOR OF POLICE,
9. DISTRICT COLLECTOR,
10. REGIONAL TRANSPORT OFFICER,
11. TRANSPORT COMMISSIONER,
For Petitioner :SRI.K.P.RAMACHANDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :18/01/2010
O R D E R
S.R.Bannurmath, C.J. &
Thottathil B.Radhakrishnan, J.
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W.P.(C) No.34408 of 2009
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Dated, this the 18th day of January, 2010
JUDGMENT
S.R.Bannurmath, C.J.
This public interest litigation is filed by the Kasargode
District Two wheelers Association, District Committee, represented
by its President Sri.Koppal Abdulla, inter alia, contending that the
arbitrary prohibition imposed by the respondents on two wheeler
riders and pillion riders on 19.11.2009 is illegal and violating the
provisions of not only the Motor Vehicles Act, but the constitutional
rights of free movement in India.
2. It is contended that from 20.9.2009 the Inspector
General of Police, North Zone, Kannur, respondent No.4 herein, has
issued a prohibitory or restrictive order directing that only one person
can travel in motor bike within the area of Kasargode town, Adhur,
Badiyadukka, Kumbala, Manjeswaram and Bedakam for an initial
W.P.(C) No.34408 of 2009
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period of three months with exemption to child below the age of 5
years, person above 50 years, patients and ladies. It is contended
that whatever may be the object of such prohibition under the guise
of ensuring its objects, the local police are causing harassment to the
general public and as such this prohibitory order is to be quashed.
3. On issuance of notice, Smt.K.Meera, learned Senior
Government Pleader, has filed a report of the 6th respondent, Deputy
Superintendent of Police, Kasargode highlighting certain incidents
which led to the prohibitory order. It is stated that after the
communal clashes and riots after 1992, the year of unfortunate
incident of demolition of Babri Masjid, there is disharmony amongst
the various community people and in this regard the authority for
maintaining law and order, namely the police, studied and started to
control the situation. It was noticed that most of the offences like
pelting stones or bombs, causing hurt or death by stabbing or hitting
are caused by the pillion riders who will be free to move fast even
while sitting on two wheelers and thereby escape from the place of
incident easily. The instances of youngsters using motor bikes
W.P.(C) No.34408 of 2009
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without due care for maintaining the proper condition of silencers or
modifying the same or even removing the silencers which would
result in sound pollution problem to the public other than the racing
of the bikes at high speed even in busy locality that too after
removing the silencers resulting to many accidents on the roads, are
also stated in the affidavit. It was noticed that in the month of
September, 2009 number of youths with utter disregard to the safety
of others and in spite of the police objections started bike race and
when there was an attempt to stop it by the police, they were attacked
by pelting stones and soda bottles by the pillion riders resulting in
injuries to many police personnel who were on duty. Again on
15.11.2009 when there was a meeting organized by the Indian Union
Muslim League at Kasargode another group of youths came on two
wheelers and by pelting stones and other injurious materials caused
damage to the properties and injuries to the public. Similar attempts
of pelting stones and damaging shops and vehicles moving on the
road by the pillion riders were noticed and as such after a meeting
called in the District Collectorate on 17.11.2009 under the
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chairmanship of the District Collector, a peace committee was
formed and having a discussion with the peace committee, a decision
to take some preventive measures was taken as evidenced by the
report Ext.P3. It is stated that after such imposition of restrictions the
incidents as found earlier of misuse by pillion riders have reduced
drastically. It is also stated that there is no restriction so far as
children below the age of 5 years, aged persons and women as
indicated in the order itself and that the allegations of such
harassment are not correct.
4. Considering the facts situation, even though the steps
taken by the 4th respondent may appear to be contrary to the
provisions of the Motor Vehicles Act and the right of persons’
movement, we find that such a reasonable restriction in the
background of the facts situation is permissible under Article 19(4)
of the Constitution of India itself. Safety of the citizens and their
properties take more priority than the individual comfort. As such,
we find no merit in any of the contentions raised by the writ
petitioner. However, keeping the interests of the public in view, and
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in view of the apprehension in the mind of the petitioner and others
that there will be a case of harassment, we issue the following
further directions in addition to the prohibition:
i) The police authorities shall review the situation once in
every three months and thereafter if deemed necessary extend the
prohibition.
ii) The police authorities will ensure that no harassment
in any manner is caused to the general public and genuine travellers
and pillion riders and if any individual incident of such harassment
is brought to the notice of the Superintendent of Police or Deputy
Superintendent of Police, immediate strict action should be taken
against such erring police officials, if any.
iii) Incidentally, noting the actions of the youths either
modifying the silencers or some times removing them for bike racing
on the roads, we direct the police authorities to take strict view of the
matter, and if such violations are noticed action must be taken
immediately in the light of the provisions under the Motor Vehicles
Act.
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iv) The authorities under the Motor Vehicles Act are also
directed to strictly implement the provisions contained in Sections
189 and 190 of the Motor Vehicles Act to prevent any misuse.
With these directions we dispose of the writ petition.
S.R.Bannurmath,
Chief Justice
Thottathil B.Radhakrishnan,
Judge
vns