Impound vehicles with tinted films Aug 20 onwards: DB

Mohinder Verma
JAMMU, July 31: In a significant order, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Masoodi today issued explicit directions for impounding of vehicles, be these of Government Departments, State Police or private persons, which don’t remove tinted films or any such material by August 20, 2012. The DB has also issued categorical directions to the Director State Motor Garages, Administrative Secretaries of the Department and Deputy Commissioners to ensure compliance of the directions of the Supreme Court in letter and spirit.
When the Division Bench took up the Public Interest Litigation (PIL) filed by Dr Davinder Singh Jasrotia and others seeking removal of tinted films and control of road accidents for hearing, Senior Additional Advocate General, Gagan Basotra submitted that Inspector General of Traffic Police, Muneer Khan, has filed latest compliance report as per the directions issued by the Division Bench on July 24. Mr Khan was present in the court as per the directions of the Court.
As per the compliance report, 8483 violators were challaned till July 27, 2012 for the use of tinted glasses/ black films by the Traffic Police across the State, which included Government vehicles also.
“The specific directions against use of tinted glasses are being implemented vigorously for which necessary steps have been taken by Traffic Police”, Mr Basotra submitted, adding “Additional Director General of Police, Armed (Law and Order), Additional Director General of Police, Security J&K, Inspector Generals of Police, Jammu and Kashmir Zones, Divisional Commissioners and all other concerned have been requested for issuance of necessary directions among their subordinate units for removal of tinted glasses from their official vehicles and to ensure compliance of Court directions”.
However, Advocate Rohit Kapoor, who was appearing for the PIL, argued that large number of police and other official vehicles were still having tinted films in blatant violation of the Supreme Court directions.
While referring to Para 24 of the Supreme Court judgement, Mr Kapoor pointed out, “even a Committee, which is required to be constituted to consider the cases of persons, who have been provided with Z and Z plus security category, for the use of tinted glasses has not been constituted till date”.
“Even in the public and official parking lots, a glimpse of blatant violation of Supreme Court’s directions can be taken”, the counsel for the PIL said.
About the use of films on police vehicles, Senior AAG submitted that ADGP Security has already passed necessary orders in this regard, adding even the Transport Commissioner has issued a circular banning the use of tinted films on the vehicles in consonance with the directions of the Apex Court of the country.
“The curbing of menace is a time consuming process and there is already deficiency of manpower in Traffic Wing to check the menace as well as to deal with other visible offences committed by the traffic violators besides regular duties/ regulation of traffic”, Mr Basotra said.
He further submitted, “the Divisional Commissioners of Kashmir and Jammu have also been requested for issuance of necessary orders ensuring that a total ban is imposed for import, sale, possession and transportation of any such material required for laminating, black films, tinted glasses for all types of vehicles so that its usage by the traffic violators is reduced to minimum”, he further submitted.
However, this was not received well by the Division Bench, which stated, “if you are banning sale and purchase of tinted films, you are going much beyond the Supreme Court directions”.
After hearing both the sides, the Division Bench comprising Chief Justice, M M Kumar and Justice Hasnain Masoodi directed Director, State Motor Garages to issue a circular to remove all black, tinted films and other material.
“The Administrative Secretaries along with Deputy Commissioners are directed to ensure that instructions issued by Director State Motor Garages are complied with”, the order dictated by Chief Justice in the open court said, adding “in case there is violation by any Government servant the list of such like vehicles be prepared and presented before the court”.
“In respect of other vehicles, public notice be issued by IG Traffic in newspapers informing the general public to comply with the Supreme Court directions by or before August 20, 2012”, the DB said, adding “after August 20, there should be no fine or challan and all those vehicles which are found violating the Supreme Court directions be impounded”.
On the request of Senior AAG, the DB said that IG Traffic would be exempted of the personal appearance if he files latest compliance report a week prior to September 3 when the case would be listed again for hearing.

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