ABHAY S. OKA, AUGUSTINE GEORGE MASIH
S. Rajaseekaran – Appellant
Versus
Union Of India – Respondent
ORDER :
1. We have heard Shri Gaurav Agrawal, learned Senior Advocate appointed as Amicus Curiae, Shri Vikramjit Banerjee, learned ASG and Shri Kishan Chand Jain, learned counsel.
2. The issue is of implementation of Section 136A of the Motor Vehicles Act, 1988 (for short, “the 1988 Act”) which was brought on the statute book with effect from 1st April, 2021. Section 136A of the 1988 Act reads thus:
(2) The Central Government shall make rules for the electronic monitoring and enforcement of road safety including speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and such other technology.
Explanation.—For the purpose of this section the expression “body wearable camera” means a mobile audio and video capture device worn on the body or uniform of a person authorised by the State Government.”
3. A
The court mandated immediate implementation of electronic monitoring for road safety under the Motor Vehicles Act, emphasizing compliance with traffic laws.
vehicles in public place, flouting the standards in relation to road safety, is likely to endanger the safety of the passengers of such vehicles and also other road users.
Writ jurisdiction cannot compel the transmission of time-barred Vehicle Check Reports; administrative inaction does not create an indefeasible right against statutory limitations.
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