Madras High Court Declines To Stall Formula 4 Street Race To Be Held In Chennai From August 31st To September 1st

The division bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji allowed the race to be conducted subject to obtaining a license from the Federation Internationale de l'Automobile (FIA) which was to be obtained on or before 12 noon on 31st August. The court also made it clear that if the license was not obtained within the stipulated time, the event could not be conducted. 

"As per the undertaking before this Court, the Formula 4 street race event shall be conducted on 31.08.2024 and 01.09.2024 as per the schedule fixed by the Government, subject to obtaining FIA certificate to be issued by the authority concerned and the same shall be obtained on or before 12.00 noon on 31.08.2024. The certificate issued by FIA shall be communicated to the learned counsel for the petitioner through e-mail. We also make it clear that failure to obtain the FIA certificate/licence within the time stipulated, the event shall not be conducted as per the schedule," the court said.

The bench passed the interim orders after considering the affidavit filed by the Chennai City Traffic Police assuring that the free flow of traffic would not be affected and that there wouldn't be any hindrance in accessing the Government Hospital. The court had previously dismissed a batch of pleas challenging the conduct of the Formula 4 race in 2023. The event was however postponed following Cyclone Michaung which hit Tamil Nadu in December 2023. 

The court was hearing a petition filed by ANS Prasada, media spokesperson of the Bharatiya Janata Party. Senior Advocate V Raghavachari, appearing for the petitioner informed the court that the FIA, which was the international organization responsible for the regulation of the event was yet to approve the street circuit race and thus the race could not be conducted on the scheduled dates.

Advocate General PS Raman and Senior Counsel PR Raman appearing for the State and the Racing Promotions Private Limited (RPPL) respectively assured the court that the race would not be conducted without obtaining the FIA Homologation certificate. The court was informed that the FIA license would be issued only a day or few hours prior to the race.

In his petition, Prasad submitted that though the Sports Development Minister had assured that the State had taken measures to ensure the safety of the citizens, the Minister had not listed out the preventive measures taken by the government to ensure the safety of the people nor uttered a word about the way funds were raised, or the role played by the State Government actively with the private promoters for the conduct of the proposed race.

Prasad also pointed out that the cars used for the sporting event are designed specifically to be used in an enclosed space and thus it was not understood how the state intended to permit such vehicles to ply on the roads, which was a direct violation of the Motor Vehicles Act.

It was also submitted that the proposed race should be conducted in the street circuit format which would require closure of multiple public streets. Pointing that the race is proposed to be held on some of the major roads in the city, it was submitted that the closure of the roads would cause undue hardship despite providing alternate diversions. It was also submitted that the state had failed to put out safety measures or control the traffic while putting up the structures on the streets.

It was also pointed out that as per Section 213 of the Chennai City Municipality Corporation Act, the Commissioner could only order temporary closure of the streets for repair, to carry out drainage or lightning-related works or for any other purpose specified in Schedule V. Thus, it was argued that closing the roads temporarily for conducting the race would be in derogation of the provisions of the Chennai City Municipality Corporation Act 1919.

Thus, pointing out that race was not in the interest of the people, the petitioner sought to prevent the same.

Citation: 2024 LiveLaw (Mad) 333

Case Title: ANS Prasad v The Secretary and Others

Case No: WP 25228 of 2024