AVISHEK GOENKA versus UNION OF INDIA & ANR.

AVISHEK GOENKA versus UNION OF INDIA & ANR.

Rule 100 of the Motor Vehicles Rules, 1989 prohibits pasting of black films of any Visual Light Transmission (VLT) percentage or any other material upon the safety glasses of vehicles. The law only permits use of safety glass manufactured as per the statutory requirements. Inconvenience or arguments based on health concerns are not grounds to modify or interpret this requirement differently. The Supreme Court's prior interpretation is binding and must be strictly enforced.

Parties
Petitioner: Avishek Goenka; Respondent: Union of India & Anr.
Jurisdiction
India
Judgment Date
03 August 2012
Procedural Posture
Writ Petition (civil) No. 265 of 2011, Interlocutory Applications (ias) for Modification/clarification / Applications for Modification/clarification of Final Judgment
Outcome
All applications for modification and clarification are dismissed without costs.
Legal Topics
Interpretation of Motor Vehicles Rules, Enforcement of Supreme Court Judgments, Use of Tinted Films on Vehicle Safety Glass, Article 32 of the Constitution
Constitutional Law Motor Vehicles Law Administrative Law Interpretation of Motor Vehicles Rules Enforcement of Supreme Court Judgments Use of Tinted Films on Vehicle Safety Glass Article 32 of the Constitution

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Parties

Avishek Goenka

Petitioner

Union of India & Anr.

Respondent

Procedural Posture

Writ Petition (civil) No. 265 of 2011, Interlocutory Applications (ias) for Modification/clarification / Applications for Modification/clarification of Final Judgment

Legal Issues

  1. 1 Whether the use of black films or any material of any Visual Light Transmission (VLT) percentage on vehicle safety glasses is permissible under Rule 100 of the Motor Vehicles Rules, 1989?
  2. 2 Whether inconvenience or health concerns like exposure to UV rays justify modification/clarification of the earlier judgment prohibiting such films?
  3. 3 Whether the expression 'maintained' in Rule 100 allows post-manufacture use of films to achieve compliance with VLT standards?

Ratio Decidendi

Rule 100 of the Motor Vehicles Rules, 1989 prohibits pasting of black films of any Visual Light Transmission (VLT) percentage or any other material upon the safety glasses of vehicles. The law only permits use of safety glass manufactured as per the statutory requirements. Inconvenience or arguments based on health concerns are not grounds to modify or interpret this requirement differently. The Supreme Court's prior interpretation is binding and must be strictly enforced.

Court Disposition

All applications for modification and clarification are dismissed without costs.

Orders

  • Director Generals of Police and Commissioners of Police of all States and Union Territories are directed to ensure full compliance with the judgment; no pasting of any material, including films of any VLT, on safety glasses of vehicles.
  • Police authorities shall not only challan offenders but also ensure removal of any films/material pasted on safety glasses forthwith.