Early Times Report
Srinagar, May 7: The State High Court has dismissed a petition by a transporters' group, seeking directions to quash SRO-50 on 16 February 2016, issued by the Government of J&K, in terms of which, passenger vehicles were to be equipped with 'Speed Governors'.
"SRO 50 dated 16-02-2016 and sub rule (2) of rule 118, by which, the amendment was carried out in the Central Motor Vehicles Rules 1989, are in tune and in line with the directions extended by the apex Court from time to time and the guidelines," a division bench of Justice M K Hanjura said while dismissing a petition filed western bus service Ltd. & ors.
"Therefore, these cannot be tinkered with. The orders, directions and the judgments delivered by the Supreme Court are binding on all the Courts and these are as sacred as a command for us for having been rendered by the highest Court of justice in the country," the court added.
The petitioners had stated that the amendment has given a liberty to the State Governments to identify the vehicles that need to be fitted with the 'Speed Governors'."
They further stated that such a power delegated to the State Governments was patently arbitrary as there was nothing to state as to which kind of vehicles have to be equipped with the 'Speed Governors' in the rule 118 of the Rules of 1989. They had stated that sub rule (2) of Rule 118 , conferring unbridled and unchannelized power to the State Governments, is violative of Article 14 of the Constitution of India as it suffers from the vice of arbitrariness. They had also stated that they have no grievance insofar as new vehicles are concerned, as the same are already fitted with such devices, which monitor and reduce the speed. However, they had stated that they are peeved about the amendment made in the Rules of 1989, directing fitting of the 'Speed Governors' to the vehicles, which have been registered prior to 01-10-2015. |
