IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 34408 of 2009(S) ------------------------------------ PETITIONER: ------------------- KASARGODE DISTRICT TWO-WHEELERS ASSOCIATION- DISTRICT COMMITTEE,HAVING ITS OFFICE AT KMC 12/269 SA-ADIYA LODGE COMPLEX,M.G.ROAD,KASARGODE,671 121, REPRESENTED BY ITS PRESIDENT SRI.KOPPAL ABDULLA, S/O.LATE KOPPAL ABDUL KHADER, AGED 60 YEARS.,RESIDING AT NELLIKUNNU, BEECH ROAD, KASARGODE,PIN-671 121. BY ADV. SRI.K.P.RAMACHANDRAN SRI.T.NIKLAVU RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY (HOME), SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY (TRANSPORT), SECRETARIAT, THIRUVANANTHAPURAM. 3. SRI.JACOB PUNNOOSE, DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 4. SRI.TOMIN THACHANKARI, INSPECTOR GENERAL OF POLICE-NORTH ZONE, OFFICE OF THE NORTH ZONE INSPECTOR GENRAL OF POLICE, KANNUR. 5. SUPERINTENDENT OF POLICE, OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE, KASARGODE. 6. DEPUTY SUPERINTENDENT OF POLICE, KASARGODE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, KASARGODE. 7. CIRCLE INSPECTOR OF POLICE, KASARGODE POLICE STATION, KASARGODE. WPC NO.34408 OF 2009 - 2 - 8. SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION, KASARGODE. 9. DISTRICT COLLECTOR, COLLECTORATE, KASARGODE. 10. REGIONAL TRANSPORT OFFICER, OFFICE OF THE REGIONAL TRANSPORT OFFICE, KASARGODE. 11. TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, TRIVANDRUM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.P.(C) No.34408 of 2009 ------------------------------------------ Dated, this the 18th day of January, 2010 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed by the Kasargode District Two wheelers Association, District Committee, represented by its President Sri.Koppal Abdulla, inter alia, contending that the arbitrary prohibition imposed by the respondents on two wheeler riders and pillion riders on 19.11.2009 is illegal and violating the provisions of not only the Motor Vehicles Act, but the constitutional rights of free movement in India. 2. It is contended that from 20.9.2009 the Inspector General of Police, North Zone, Kannur, respondent No.4 herein, has issued a prohibitory or restrictive order directing that only one person can travel in motor bike within the area of Kasargode town, Adhur, Badiyadukka, Kumbala, Manjeswaram and Bedakam for an initial W.P.(C) No.34408 of 2009 - 2 - period of three months with exemption to child below the age of 5 years, person above 50 years, patients and ladies. It is contended that whatever may be the object of such prohibition under the guise of ensuring its objects, the local police are causing harassment to the general public and as such this prohibitory order is to be quashed. 3. On issuance of notice, Smt.K.Meera, learned Senior Government Pleader, has filed a report of the 6th respondent, Deputy Superintendent of Police, Kasargode highlighting certain incidents which led to the prohibitory order. It is stated that after the communal clashes and riots after 1992, the year of unfortunate incident of demolition of Babri Masjid, there is disharmony amongst the various community people and in this regard the authority for maintaining law and order, namely the police, studied and started to control the situation. It was noticed that most of the offences like pelting stones or bombs, causing hurt or death by stabbing or hitting are caused by the pillion riders who will be free to move fast even while sitting on two wheelers and thereby escape from the place of incident easily. The instances of youngsters using motor bikes W.P.(C) No.34408 of 2009 - 3 - without due care for maintaining the proper condition of silencers or modifying the same or even removing the silencers which would result in sound pollution problem to the public other than the racing of the bikes at high speed even in busy locality that too after removing the silencers resulting to many accidents on the roads, are also stated in the affidavit. It was noticed that in the month of September, 2009 number of youths with utter disregard to the safety of others and in spite of the police objections started bike race and when there was an attempt to stop it by the police, they were attacked by pelting stones and soda bottles by the pillion riders resulting in injuries to many police personnel who were on duty. Again on 15.11.2009 when there was a meeting organized by the Indian Union Muslim League at Kasargode another group of youths came on two wheelers and by pelting stones and other injurious materials caused damage to the properties and injuries to the public. Similar attempts of pelting stones and damaging shops and vehicles moving on the road by the pillion riders were noticed and as such after a meeting called in the District Collectorate on 17.11.2009 under the W.P.(C) No.34408 of 2009 - 4 - chairmanship of the District Collector, a peace committee was formed and having a discussion with the peace committee, a decision to take some preventive measures was taken as evidenced by the report Ext.P3. It is stated that after such imposition of restrictions the incidents as found earlier of misuse by pillion riders have reduced drastically. It is also stated that there is no restriction so far as children below the age of 5 years, aged persons and women as indicated in the order itself and that the allegations of such harassment are not correct. 4. Considering the facts situation, even though the steps taken by the 4th respondent may appear to be contrary to the provisions of the Motor Vehicles Act and the right of persons' movement, we find that such a reasonable restriction in the background of the facts situation is permissible under Article 19(4) of the Constitution of India itself. Safety of the citizens and their properties take more priority than the individual comfort. As such, we find no merit in any of the contentions raised by the writ petitioner. However, keeping the interests of the public in view, and W.P.(C) No.34408 of 2009 - 5 - in view of the apprehension in the mind of the petitioner and others that there will be a case of harassment, we issue the following further directions in addition to the prohibition: i) The police authorities shall review the situation once in every three months and thereafter if deemed necessary extend the prohibition. ii) The police authorities will ensure that no harassment in any manner is caused to the general public and genuine travellers and pillion riders and if any individual incident of such harassment is brought to the notice of the Superintendent of Police or Deputy Superintendent of Police, immediate strict action should be taken against such erring police officials, if any. iii) Incidentally, noting the actions of the youths either modifying the silencers or some times removing them for bike racing on the roads, we direct the police authorities to take strict view of the matter, and if such violations are noticed action must be taken immediately in the light of the provisions under the Motor Vehicles Act. W.P.(C) No.34408 of 2009 - 6 - iv) The authorities under the Motor Vehicles Act are also directed to strictly implement the provisions contained in Sections 189 and 190 of the Motor Vehicles Act to prevent any misuse. With these directions we dispose of the writ petition. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns