Point of Law : In appropriate cases, the registering authority shall initiate proceedings to suspend or cancel the letter of authority granted or renewed under sub-rule (5) of Rule 63 of the Central Motor Vehicles Rules or forfeit security deposit, after affording the holder of letter of authority an opportunity of being heard.

ORDER :

Anil K. Narendran, J.

1. This Report filed by the Special Commissioner, Sabarimala, regarding the functioning of Safe Zone Project, Sabarimala, by the Motor Vehicles Department was disposed of by the order dated 10.01.2022 [2022 SCC OnLine Ker 1105 : CDJ 2022 Ker HC 203] with the directions contained in paragraph 120 of the said order. The 2nd respondent Transport Commissioner and the 3rd respondent State Police Chief were directed to file action taken reports before this Court on or before 01.07.2022, which was directed to be place before the Bench on 11.07.2022. Registrar General was directed to forward a copy of the said order to the Secretary, Supreme Court Committee on Road Safety for information. Despite the directions contained in the order dated 10.01.2022, the Enforcement Officers under the 2nd respondent Transport Commissioner and the Police Officers under the 3rd respondent State Police Chief are not taking earnest efforts to ensure strict enforcement of the provisions under the Motor Vehicles Act and the Rules and Regulations made there under, taking note of the law laid down in the decisions referred to supra and also in the order of this Court dated 10.01.2022. Though, by the order dated 10.01.2021, the 2nd respondent Transport Commissioner and the 3rd respondent State Police Chief were directed to file action taken reports before this Court on or before 01.07.2022, which were directed to be placed before the Bench on 11.07.2022, we have directed Registry to list this matter before Bench today, since for the last few months several contract carriages were involved in major accidents, in which the passengers in those vehicles and other road users sustained serious/fatal injuries. Since the use of such vehicles on public place is posing potential threat to the safety of the passengers and other road users, the learned Assistant Solicitor General of India was requested to address arguments on behalf of the Ministry of Road Transport and Highways. We viewed in open court a few video clippings of motor accidents involving contract carriages and use of contract carriages fitted with unauthorised LED/laser/neon lights in public place, downloaded from ‘YouTube’.

2. Paragraphs 119 to 121 of the order dated 10.01.2022 in S.S.C.R.No.20 of 2021 read thus;

“119. As evident from the image of the vehicles involved in the accident which occurred on 09.12.2021, at Amalagiri in State Highway-220, which is reproduced hereinbefore at paragraph 77, various objects have been placed/hanged in front of the windscreen of contract carriage bearing No.AP-05/TT-7929, causing obstruction to the clear vision of the driver to the front, in violation of the provisions under Rule 339 of the Andhra Pradesh Motor Vehicles Rules, which is pari materia to Rule 278 of the Kerala Motor Vehicles Rules. As per the report of the Joint Regional Transport Officer, the said contract carriage hit on the rear of Tempo Traveller bearing No.AP-39/TB- 1599, which moved forward and ran over two passengers (Sabarimala pilgrims) who were standing on the road, in front of that Tempo Traveller. The image of another Tempo Traveller involved in an accident, which occurred on 22.12.2021, along Edappally-Vyttila stretch of Ernakulam bypass in National Highway-66, is reproduced hereinbefore at paragraph 78. In that accident, sixteen Sabarimala pilgrims from Telangana, which included two children aged 11 and 13 years, sustained injuries. As per the news report, the Tempo Traveller in which they were travelling rammed into a lorry, around midnight, while the driver of that lorry was taking a reverse. Most of the transport vehicles in the State are being used on public place without maintaining lighting and light-signalling devices and also retro-reflectors, at rear, as per the individual specifications specified in AIS-008. Transport vehicles, which do not have proper reverse lamp with white light, poses potential threat to the safety of other road users.

120. In the afo