The main legal point established is that the use of non-transparent Sun Control Films on motor vehicle glasses violates the requirement for safety glasses to be clearly transparent and allow clear vision, as per the Central Motor Vehicles Rules.

K. Sreedharan, J.

1. When original Petition 7931/1991 came up for admission on 6-8-1991, a copy of the same was served on the learned Government Pleader and was posted to today for final hearing. Learned Government pleader got instructions from the respondent. A copy of written instruction received by him has been made available to Court. That has been incorporated in the judges papers.

2. When O. P. 8127/1991 came up for admission on 9-8-1991, it was posted to today for being heard along with the earlier petition.

3. Learned counsel appearing on either side wanted these Original Petitions to be heard and finally disposed of. Accordingly I heard them at length. I am disposing of the Original Petitions. Common issue wises for consideration in these petitions. Therefore, I consider it advantageous to dispose of them by a common judgment.

4. Petitioners are owners of motor cars. They are aggrieved by the announcement made by the Commissioner of Police, Kochi to the effect that motor vehicles should not have coloured glasses. Petitioners are having Sun Control Films putted to the windscreen window glasses and the rear glass of the vehicles. It is the petitioners' further case that the Commissioner of Police has no authority to enforce the provision of the Central Motor Vehicles Rules within his jurisdiction while the officers in the adjoining areas are not enforcing the same provision.

5. The written statement filed by the Commissioner is to the following effect. Department has no intention to curtail the use of vehicle by the public at large without inconvenience to the general public as the city has to be kept under well protected law and order situation. Department has no objection in having safety transparent glasses. Department is eager to have safety glasses. Tinted transparent glasses fitted in vehicles by the manufacturing companies are not objected to by the department, The intention is to prohibit the use of non transparent deep dark glasses. Manufacturers of Air Conditioned cars also use tinted glasses, which are transparent. Those glasses allow clear vision from outside. Such tinted glasses prohibit outside radiation, facilitating good air conditioning effect Department is not against the use of such glasses Petitioner's contention that without the dark sun controlled films the ail conditioning will be ineffective is not correct. Standard tinted glasses used by manufacturers of air conditioned cars like 'Maruthi' permit clear vision and it does not affect air conditioning. The plea that the air conditioned cars have to use Sun Controlled Films is incorrect. It is statutory that glasses of windscreens and windows of every motor vehicle shall be of glasses approved by the Bureau of Indian Standards. Those glasses if fractured, should not fly or break into pieces capable of causing severe cute. It is statutory that the glasses of wind screens and windows of every motor vehicle shall be such and shall be maintained in such condition as to be clearly transparent and allow clear vision outside from inside and inside from outside. The police insist that motor vehicles in the city should comply with the said specific conditions. Cochin City is nearer to the Air Terminal and also to the port. Possibility of different crimes being committed are many if dark glasses, which are not transparent, are used in motor vehicles. Police official on the road will not be in a position to detect suspects without making much inconvenience to the passengers of the vehicles. If dark glasses are allowed to be used, police will have to stop and check each and every suspected vehicle. This may cause very great inconvenience to the traffic and general public. The peculiar circumstances now in this city requires some protection especially in the light of the recent happenings in other cities. A safeguard has to be formulated and implemented. A vigilant eye of the police is requited to watch the moving vehicles. Smuggled articles, explosives, hous