AVISHEK GOENKA versus UNION OF INDIA AND ANR.

AVISHEK GOENKA versus UNION OF INDIA AND ANR.

Rule 100 of Motor Vehicles Rules, 1989 prescribes minimum VLT standards (70% for windscreen and rear window, 50% for side windows) and prohibits any alteration—including by black films—that reduces VLT below these standards. Use of black films on vehicle glass is impermissible by law, and no directions can be issued contrary to statutory provisions. Private interests are subordinate to public safety, and no exemption exists for VIPs/VVIPs unless granted by competent authority following due process.

Parties
Petitioner: Avishek Goenka; Respondent: Union of India and Anr.
Jurisdiction
India
Judgment Date
27 April 2012
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ petition partly allowed
Legal Topics
Motor Vehicles Rules, Safety Glass Regulations, Public Safety, Statutory Interpretation, Fundamental Rights
Motor Vehicle Law Administrative Law Constitutional Law Motor Vehicles Rules Safety Glass Regulations Public Safety Statutory Interpretation Fundamental Rights

Case Brief

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Parties

Avishek Goenka

Petitioner

Union of India and Anr.

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Permissibility of using black films on vehicle safety glass under Rule 100 of Motor Vehicles Rules, 1989
  2. 2 Interpretation of Rule 100 relating to Visual Light Transmission (VLT) standards
  3. 3 Whether VIPs/VVIPs can be exempted from prohibition of black films on vehicles for security reasons

Ratio Decidendi

Rule 100 of Motor Vehicles Rules, 1989 prescribes minimum VLT standards (70% for windscreen and rear window, 50% for side windows) and prohibits any alteration—including by black films—that reduces VLT below these standards. Use of black films on vehicle glass is impermissible by law, and no directions can be issued contrary to statutory provisions. Private interests are subordinate to public safety, and no exemption exists for VIPs/VVIPs unless granted by competent authority following due process.

Court Disposition

Writ petition partly allowed

Orders

  • Prohibition of use of black films of any VLT percentage or other material upon safety glasses, windscreens (front and rear), and side glasses of all vehicles throughout India
  • Home Secretary, Director General/Commissioner of Police of respective States/Centre to ensure compliance