Judicial Review and Public Interest Litigation
Subject : Indian Law - Constitutional and Administrative Law
Raipur, Chhattisgarh – In a sharp rebuke of the state government's administrative response, the Chhattisgarh High Court has labelled the actions taken against public road hooliganism as a mere "eye-wash." A Division Bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, expressed profound dissatisfaction with the state's handling of incidents involving reckless driving stunts and ostentatious birthday celebrations on public thoroughfares, demanding a more robust and deterrent approach to curb the growing menace.
The Court's intervention, under the suo motu public interest litigation (WPPIL No. 21 of 2025), underscores a critical examination of executive accountability and the efficacy of law enforcement in maintaining public order. The case highlights the judiciary's increasing role in compelling state machinery to move beyond perfunctory measures and implement policies that have a tangible impact on public safety.
The High Court took suo motu cognizance of the issue following two specific incidents reported in a local Hindi daily, which a Division Bench on October 13, 2025, found alarming enough to warrant judicial scrutiny. The first incident involved viral videos of dangerous vehicle stunts being performed on the Barsoor bridge. The second, a more brazen display of impunity, concerned the wife of a close associate of the state's Health Minister, who was filmed cutting a birthday cake on a car bonnet on a public road, complete with a fireworks display.
These events, perceived as a flagrant disregard for public safety and the rule of law, prompted the Court to direct the Chief Secretary of Chhattisgarh to file a personal affidavit detailing the actions taken. The Court sought to ascertain whether the state was effectively addressing what it viewed as a dangerous trend, often fueled by a desire for social media notoriety and a display of wealth and influence.
The affidavit submitted by the Chief Secretary detailed the state's actions, which the Court ultimately found wanting. Regarding the Barsoor bridge stunts, the affidavit clarified that the video was from 2023 but had resurfaced in 2025. The police had reportedly traced the vehicle and imposed a fine of Rs. 2,000 on the vehicle and a separate Rs. 300 penalty on the individual involved.
In the case of the roadside birthday celebration, the affidavit stated that offences had been registered against the concerned persons under several provisions, including:
- Bharatiya Nyaya Sanhita (BNS): Section 285 (Danger or obstruction in public way), Section 125 (Act endangering life or personal safety of others), and Section 3(5) (Criminal act by several persons in furtherance of common intention).
- Motor Vehicles Act, 1988: Section 122 (Leaving vehicle in dangerous position) and Section 177 (General provisions for punishment of offences).
The state also informed the Court that the process for suspending the driving licenses in both cases had been initiated. Furthermore, the Director General of Police had issued directives to all district police chiefs to discourage such activities, take prompt action against offenders, and launch public awareness campaigns involving community leaders and media.
Despite these enumerated steps, the High Court was unimpressed. The Bench characterized the response as superficial and lacking the necessary gravity to deter future violations.
In a strongly worded observation, the Court remarked, “… it appears that the two incidents mentioned therein and the action purportedly taken by the State are only an eye-wash. If such action is what the State considers adequate for violations of rules and regulations under the law, it would only demonstrate a careless effort on the part of the authorities, lacking seriousness to check such incidents wherein highways and public streets are being used for celebrating birthdays by affluent individuals as well as others.”
The Court explicitly stated its dissatisfaction: “As pointed out by the Chief Secretary in his affidavit, certain actions have been initiated; however, this Court is not satisfied with the same.”
The core of the Court's directive lies in its demand for action that is "truly deterrent." The bench's observation suggests that nominal fines and the mere registration of cases are insufficient to combat offenses committed by individuals who may perceive such penalties as trivial. The Court pointedly noted that such acts often involve violators "displaying the might of their money and power," implying that the punitive response must be significant enough to outweigh the perceived social or personal benefits of such illegal acts.
The Court has now directed the Chief Secretary to file a fresh affidavit detailing further, more stringent steps to prevent the recurrence of such incidents. The order conveys a clear expectation of a strategic and forceful policy shift.
“We hope and trust that the State shall act more consciously and by strict action as would be truly deterrent against those who commit such offences and violate the law, displaying the might of their money and power,” the Court stated, setting a high bar for the state's next submission.
The matter is scheduled for its next hearing on November 21, 2025, where the state will be expected to present a more convincing and comprehensive action plan.
This case serves as a poignant example of the judiciary exercising its power of review to hold the executive branch accountable for its public safety duties. For legal practitioners, it highlights several key points:
Contrasting this with another recent suo motu PIL before the same bench (WPPIL No. 45 of 2025) concerning animal cruelty, the Court's differentiated approach is notable. In the animal cruelty case, the Court disposed of the petition after being satisfied with the affidavit and preventative measures taken by the Forest Department. This juxtaposition shows that the Court is not engaging in blanket criticism but is conducting a case-by-case evaluation of the state's commitment and effectiveness.
As the state prepares its next affidavit, all eyes will be on the concrete measures it proposes. The legal and administrative community will be watching to see if Chhattisgarh can formulate a strategy that not only meets the High Court's exacting standards but also genuinely reclaims public spaces for their intended purpose, free from dangerous and disruptive displays of recklessness.
#PublicNuisance #JudicialOversight #ChhattisgarhHighCourt
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