Mohinder Verma
JAMMU, July 24: Taking serious note of non-compliance of its directions, which were based on the orders of Supreme Court regarding removal of tinted films from the private as well as Government vehicles, Division Bench of the State High Court comprising Justice Virender Singh and Justice Mohammad Yaqoob Mir today directed the IG Traffic, Muneer Khan, to appear in person on next date of hearing and himself file latest compliance report. The DB also made it clear that in case the orders of the Apex Court of the country were not complied with the High Court would not hesitate from initiating contempt proceedings against the IG Traffic.
As soon as the Public Interest Litigation (PIL) filed by Dr Davinder Singh Jasrotia and others seeking removal of tinted films and control of road traffic accidents came up for hearing before the Division Bench, Advocate Rohit Kapoor pointed out that despite clear directions from the Division Bench on June 7, 2012, the IG Traffic has not filed compliance report and instead the same was filed by his subordinate officer—DIG Traffic Jammu, Danish Rana.
Moreover, vague reply has been furnished by the DIG in the report of compliance to the directions of DB and the orders of the Supreme Court, which in Avishek Goenka Vs Union of India case had issued orders for removal of tinted films from the private as well as those Government vehicles, which are not authorized to use the same, Advocate Kapoor pointed out.
As per the compliance report submitted by the DIG Traffic, Jammu through Additional Advocate General, Gagan Basotra, tinted films have been removed from 5395 vehicles and a total of 5603 vehicles challaned during the past one month. Of these vehicles, there are only seven Government vehicles.
Pointing towards the figures quoted in the compliance report, Advocate Rohit Kapoor said, “if we go by the press statement of previous IG Traffic Hemant Lohia published in different news papers in the month of May, there are around 10 lakh vehicles in the State, which are using tinted films and given the present pace of compliance to the directions of the Supreme Court, the Traffic Police would take about 45 years to cover all the vehicles”.
After going through the compliance report and hearing arguments of Advocate Rohit Kapoor, the Division Bench observed, “the compliance report is deficient. There are so many vehicles including the Government ones, which have not been booked by the Traffic Police so far”, adding “there cannot be other aspect than the compliance to the Supreme Court’s orders. This is not an uphill task and the Traffic Police has to ensure compliance of the orders on war footing”.
With these observations, the Division Bench directed the IG Traffic to appear in person on next date of hearing with compliance report that all the tinted films have been removed as per the direction of Supreme Court. As Additional Advocate General (AAG), Gagan Basotra stated that IG Traffic had already appeared in the Court in the PIL, Justice Virender Singh said, “we are ready to give more time to IG but there has to be compliance of Apex Court’s orders failing which he will have to face contempt of court proceedings”.
The DB directed the registry to list the PIL after one week.
In another Public Interest Litigation (PIL) seeking enforcement of complete ban on the use of polythene carry bags, the Division Bench expressed displeasure over the report of the Commissioner, Jammu Municipal Corporation regarding the steps taken and facility set-up to implement the Environment Protection Act.
Quoting some instances, which indicate continuous use of polythene bags, the Division Bench told JMC Commissioner, Kuldeep Raj Khajuria, who was personally present in the Court in compliance to the DB’s earlier directions, that Municipal Corporation has to make Jammu a city free of polythene. “We want action on ground level”, the DB said.
When asked by the DB, the Municipal Commissioner sought one month’s time to make Jammu polythene free city. Granting the time, the Division Bench said, “after one month, the Municipal Commissioner will have to file compliance report”. The DB also conceded the request of the Municipal Commissioner for similar directions to other concerned departments like Revenue, Police, Forest and State Pollution Control Board and said, “we will issue detailed orders in due course of time”.
However, on sanitation front, the DB found adequate compliance to its earlier directions whereby it had directed the Municipal Corporation to ensure complete sanitation in Ward No. 34 and 35. On the request of Advocate S K Anand appearing for the PIL, Advocate S S Nanda for the Municipal Corporation and AAG Gagan Basotra, the DB directed the JMC to take up Ward Nos. 24 and 8 on priority for complete sanitation and file report of compliance on next date of hearing.
The Division Bench also exonerated Municipal Commissioner, Kuldeep Raj Khajuria and Chairman, State Pollution Control Board Lal Chand, who were present in person as per the earlier directions of the DB, from further appearance in the PIL.
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