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2012 Supreme(UK) 350

SUPREME COURT OF INDIA
A.K. Patnaik and Swatanter Kumar
I.A. Nos. 4, 5, 6-8, 9-11, 12, 13, 14 & 15 in
Writ Petition (Civil) No. 265 of 2011
AVISHEK GOENKA – Petitioner
Versus
UNION OF INDIA & ANR. – Respondents
Decided on : 03.08.2012

Petitioners-in-Person:Mr. Gaurab Banerjee, ASG, Mr. Soli J. Sorabjee, Sr. Adv., Mr. Rajesh Kumar, Mr. R.K. Srivastava, Mr. T.A. Khan, Mr. D.S. Mahra, Mr. S.A. Haseeb, Mr. R.K. Rathore, Mr. S.S. Rawat, Ms. Sunita Sharma, Mr. Debesh Panda, Mr. Nitish Gupta, Mr. Kedar Nath Tripathy, Mr. A.N. Haksar, Mr. Ranjan Kumar Pandey, Mr. Vijay Sondhi, Mr. Sanjay Kumar, Mr. Wasim Beg, Mr. Promod Nair, Mr. Mohit Bakshi, Mr. Dheeraj Nair, Mr. P.P. Hegde, Ms. Charu Ambwani, Mr. Prashant Kumar, Mr. A.P. & J. Chambers, Mr. Manu Nair, Mr. Anuj Berry, Mr. Tanuj Bhushan, for M/s. Suresh A. Shroff & Co., Mr. Gopal Jain, Ms. Nandini Gore, Mr. Debmalya Banerjee, Mr. Abhishek Roy, Ms. Mahak Bhalla, Mr. R.N. Karanjawala, Mrs. Manik Karanjawala, Mr. S. Nayyar, for M/s. Karanjawala & Co., Advocates with them for the Respondents.

Headnote:(A) Motor Vehicle Rules, 1989, Rule 100 and Constitution of India, 1950, Art. 32 — Expression ‘maintained’ — Interpretation — The expression ‘maintained’ is construed to say that what is required to be manufactured in accordance with law, should be continued to be maintained as such and cannot be interpreted in manner that alterations to motor vehicles in violation of the specific Rules have been impliedly permitted under the language of the Rule itself — Also, and it is not the extent of VLT percentage of films which is objectionable under the Rules but it is the very use of black films or any other material which is impermissible to be used on the safety glasses — The view of Hon’ble Supreme Court in above matter is consistent and does not require any clarification or modification. (Paras 14 to 17)

       (B) Constitution of India, 1950, Art. 32 and Motor Vehicle Rules, 1989, Rule 100 — Statute — Validity — Black Films use — Directions — Compliance — Use of black films or other material on safety glasses of a motor vehicle is a clear violation of law i.e. Rule 100 of Motor Vehicle Rules, 1989 — This law is required to be enforced without demur any delay — Directions stated given. (Paras 21 and 24)

        ¼v½ eksVj okgu fu;ekoyh] 1989] fu;e 100 vkSj Hkkjrh; lafo/kku] 1950] vuqPNsn 32 & vfHkO;fDr & iksf”kr & fuoZpu & iksf”kr ls vFkZ gS fd tSlk fofuekZ.k dkuwuh :i ls gksrk] oSlk gh iksf”kr jguk pkfg, u fd mudk ,slk fuoZpu fd;k tk, tks ifjorZu gks eksVj okgu esa vkSj mYya?ku gks fof’k”V fu;eksa dk & fu;eksa esa mYysf[kr Hkk”kk dk & flQZ VLT percentage of films gh vkifÙktud ugha gS cfYd dkyh fQYe ;k fQj og gj ,d pht ftlds iz;ksx dh vuqefr ugha gS Safety glasses ij & mPpre U;k;ky; bl ij n`<+ gS vkSj bls fdlh Li”Vrk ;k lq/kkj dh vko’;drk ughaA

        ¼izLrj 14 ls 17½

       ¼c½ Hkkjrh; lafo/kku] 1950] vuqPNsn 32 vkSj eksVj okgu fu;ekoyh] 1989] fu;e 100 & ifjfu;e & oS/krk & dkyh fQYe dk iz;ksx & funsZ’k & ekU;rk &
Safety glasses ij dkyh fQYe ;k fdlh vU; lkexzh dk iz;ksx M.V. Rules ds fu;e 100 dk mYya?ku gS & bl fof/k dk fcuk foyEc ikyu fd;k tkuk pkfg, & funsZ’k foojf.krA ¼izLrj 21 vkSj 24½

JUDGMENT

Swatanter Kumar, J. — The applications for impleadment and intervention are allowed subject to just exceptions. All applications for placing documents on record are also allowed.

2. I.A No.5 of 2012 has been filed by the Dealers and Distributors of tinted films in Writ Petition (Civil) No. 265 of 2011 under Order XVIII, Rule 5 of the Supreme Court Rules, 1966 against the dismissal of two interim applications, i.e., seeking permission to file application for impleadment and application for modification by the Registrar of this Court vide his Order dated 16th May, 2012.

3. The learned Registrar vide the impugned order noticed that application for impleadment was not maintainable inasmuch as the writ petition in which the application was filed has already been disposed of. In regard to the application for modification, according to the applicants, the petitioner suppressed various aspects of the matter and misled the court in passing the order and the same order was therefore, liable to be modified. Dealing with this contention, the learned Registrar, while referring to the judgment of this Court in Delhi Administration v. Gurdip Singh Uban and Ors. [(2000) 7 SCC 269] held that the application, in fact, was an application for review and not for modification. Thus, he declined to receive the application and registered the same in accordance with the Rules of the Supreme Court.

4. We hardly find any error of law in the Order of the Registrar under appeal, but we consider it entirely unnecessary to deliberate upon this issue in any further detail, since, we have permitted the applicants to address the Court on merits of the application. Keeping in view the fact that a number of other applications have been filed for clarification and modification of the judgment of this Court dated 27th April, 2012, without commenting upon the merit or otherwise of the present appeal, we would deal only with the application for modification or clarification filed by these applicants along with others.

5. I.A. No. 15 has been filed by the International Window Film Association. I.A. No.4 has been filed on behalf of Vipul Gambhir.

6. An unnumbered I.A. of 2012 is filed by 3M India Ltd. Another unnumbered I.A. has been filed on behalf of the dealers and distributors of the tinted films.

7. I.A. No.3 of 2012, an application on behalf of the petitioner to appear in person, is allowed.

8. I.A. No.7 of 2012 has been filed on behalf of M/s. Garware Polyester Ltd. I.A. No. 10 of 2012 is an application filed by Ms. Car Owners and Consumer Association.

9. Another unnumbered I.A. has been filed on behalf of Ms. Gras Impex Pvt. Ltd. All these applications have been filed by various applicants seeking clarification and/or modification of the judgment of this Court dated 27th April, 2012 on various grounds.

10. The petitioner has filed I.A No. 11 of 2012 by way of a common reply to the grounds taken in all these applications and has also placed certain documents on record. The various applicants above-named have sought modification/clarification of the judgment of this Court dated 27th April, 2012 principally and with emphasis on the following grounds :

(1) That the applicants were not parties to the writ petition and were not aware of the proceedings before this Court. Thus, their submissions could not be considered by the Court, hence the judgment of the Court requires modification.

(2) The applicants have placed material and reports on record that the use of films or even black films is permissible scientifically and in law.

(3) It is contended that Rule 100(2) uses the expression ‘maintained’ which implies that safety glasses, including the wind screen, can be maintained with requisite VLT percentage even by use of black films.

(4) Lastly, it is contended that para 27 of the judgment needs modification by substituting the words ‘use of black films of any VLT percentage’ by the words ‘use of black films of impermissible VLT per



























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